Preamble

The House met at a Quarter before Three of the Clock, Mr. SPEAKER in the Chair.

PRIVATE BUSINESS.

Ministry of Health Provisional Orders (No. 10) Bill,

Read a Second time, and committed.

CALEDONIAN RAILWAY ORDER CONFIRMATION BILL,

"to confirm a Provisional Order under The Private Legislation Procedure (Scotland) Act, 1899, relating to the Caledonian Railway," presented by Mr. MURNO; and ordered (under Section 7 of the Act) to be considered To-morrow.

BUCKHAVEN AND LEVEN GAS PROVISIONAL ORDER CONFIRMATION BILL,

"to confirm a Provisional Order under The Private Legislation (Scotland) Act, 1399, relating to Buckhaven and Leven Gas," presented by Mr. MUNRO; and ordered (under Section 7 of the Act) to he considered To-morrow.

Oral Answers to Questions — ROYAL NAVY.

ENGINE-ROOM ARTIFICERS.

Mr. ROBERT YOUNG: 5.
asked the Parliamentary Secretary to the Admiralty whether provision will be made to secure for all service-trained engine-room artificers, i.e., ex-engine-room artificer apprentices who are discharged on reduction, a certificate which shall be equal to an indenture of apprenticeship, so as to give them a fair chance to obtain employment on shore?

The PARLIAMENTARY SECRETARY to the ADMIRALTY (Mr. Amery): A trade certificate, giving the nature of the
training, qualifications at mined, and the length of service, is issued to engine-room artificers on discharge, and this should meet all requirements.

Sir FORTESCUE FLANNERY: Will the Admiralty negotiate with the trade unions so as to make sure that such a certificate will be accepted by them as full qualification for membership of a trade union?

Mr. AMERY: I will consider that.

Sir F. FLANNERY: Will the right hon. Gentleman remember the difficulties which have existed as regards ex-soldiers and sailors in relation to trade unions, and will he, in view of that;, negotiate the arrangement I have suggested?

Mr. AMERY: Certainly, I will bear that in mind.

Mr. R. YOUNG: 6.
asked the Parliamentary Secretary to the Admiralty whether the Admiralty will consider the advisability, in view of their discharge under the reduction scheme, to include the certificate allowances in the substantive pay of chief and engine-room artificers as a basis for assessing gratuities?

Mr. AMERY: The gratuities are calculated on substantive pay in all cases, without regard to non-substantive pay or allowances, and no reason is seen for making an exception in favour of one branch of the Service.

ENGINEER LIEUTENANTS.

Mr. R. YOUNG: 7.
asked the Parliamentary Secretary to the Admiralty whether the Admiralty will reconsider the terms under which engineer lieutenants promoted from warrant rank by seniority are to retire under Admiralty Fleet. Orders; and whether these officers can be given the same retiring privileges as those given to engineer lieutenants from warrant rank who were promoted, without regard to seniority, to fill vacancies created during the stress of war?

Mr. AMERY: The engineer lieutenants from warrant rank promoted under special schemes during the War were specially selected for promotion from among officers recommended by the Fleet, and being, in general, promoted at an earlier age than those promoted
for long and zealous service, will have sacrificed considerably greater prospects financially by being retired compulsorily now instead of serving until the age of 55. The Admiralty considered, therefore, that a case existed for giving these officers special treatment in fixing the terms to be given to lieutenants promoted from warrant rank, and they see no reason for extending to other officers the special rates of retired pay given in their case.

RIO DE JANEIRO EXHIBITION.

Captain Viscount CURZON: 8.
asked the Parliamentary Secretary to the Admiralty whether his attention has been drawn to the fact that a Japanese squadron is to visit Rio de Janeiro in honour of the forthcoming exhibition; whether, in view of the withdrawal of the South-east Coast of America squadron and to the importance of the occasion, the Admiralty will reconsider their decision not to send a representative squadron to those waters from Bermuda; and whether he can state what the actual cost would be?

Mr. AMERY: The answer to the first part of the question is in the affirmative. As regards the second part, the Admiralty consider that adequate representation could not be secured by the despatch of a squadron composed of less than two battle cruisers. The cost of this, however, would amount to £50,800, as previously stated on 31st May in answer to the hon. and gallant Member for West Derby. The decision that, under the circumstances, a representative squadron could not be sent was made with much regret.

Viscount CURZON: Do we understand that the Admiralty no longer take the view that trade follows the flag?

Rear-Admiral Sir R. HALL: Does the £50,000 imply that no money can be spent on fuel on those ships?

Mr. AMERY: No; I understand that the £50,000 represents the additional cost of taking the two battle cruisers away over and above what would have been spent otherwise.

LIEUTENANT-COMMANDERS.

Viscount CURZON: 9.
asked the Parliamentary Secretary to the Admiralty whether all the lieut.-commanders
promoted to the rank of commander on the 31st March last, and antedated to 31st December last, have been paid at commander's rate of pay as from the date of their promotion; if not, whether the reason can be stated; and, in view of the altogether exceptional circumstances, if the payment of the difference of pay to these officers can be authorised forthwith?

Mr. AMERY: The answer to the first part of the question is in the negative. The position of those officers who received lieut.-commanders' pay only between the 31st December, 1921, and the 31st March, 1922, owing to their being in posts specifically laid down for officers of that rank, is under consideration.

Viscount CURZON: What does the right hon. Gentleman mean by "under consideration," and have any of these officers been paid commanders' pay?

Mr. AMERY: In the case of those who have been in lieut.-commanders' posts and have received lieut.-commanders' pay during that period and have not so far received the difference between that and commanders' pay the question whether it is possible to pay them that difference and treat them as having been commanders is under consideration at this moment.

RANKER OFFICERS.

Major Sir BERTRAM FALLE: 12.
asked the Parliamentary Secretary to the Admiralty if he is aware that when paymasters and surgeons were reduced in numbers some time back the age limit was applied gradually; and if he can see his way to apply this rule to those ranker officers over 50 years of age who otherwise must be thrown out forthwith, seeing that the effect of the present proposals will embitter these gentlemen and injure the senior Service?

Mr. AMERY: In the case of the medical and accountant officers referred to, the reduction in the age of compulsory retirement was made, not as a means of reducing the numbers borne, but as part of an arrangement for bringing the Regulations in those branches into line with the Regulations in the other' branches of the Service. The circumstances, therefore, differed entirely from those existing at present, since it is now necessary, in the interests of economy, to make an immediate reduction of the num-
bers borne to those required, and it is impossible, therefore, to spread the reduction of age over a number of years as previously.

COMMISSIONED GUNNERS.

Sir B. FALLE: 13.
asked the Parliamentary Secretary to the Admiralty if, seeing that promotion from commissioned gunner to lieutenant is really automatic for commissioned gunner with a clean sheet, and that it is unfair to retire these gentlemen at 50 instead of 55 when a known number would have reached maximum pay and rank at. 55, he will reconsider the matter?

Mr. AMERY: Promotion from commissioned gunner to lieutenant is made in vacancies and is not automatic. The Admiralty, therefore, were unable to take into account, in fixing the rate of retired pay to be given under the retirement scheme, the possibility that such promotion would have occurred at a later date before the officer reached the age of 55.

Sir B. FALLE: Is not promotion really automatic, and can it not be foretold with fair precision?

Mr. AMERY: With a Navy which is being generally reduced, the number of vacancies will not be increased in the normal scale.

Sir B. FALLE: 14.
asked the Parliamentary Secretary to the Admiralty if he is aware that the rates of pay and pension of commissioned gunners and those promoted lieutenants are so drawn that the maximum is reached at or near 55 years of age, and that now the entire basis on which the pay and pension were computed has been altered by taking off five years, and that it is not under the new scheme possible to reach the maximum or anything near it; and if he can so arrange that the maximum be reached at 50 years of age?

Mr. AMERY: Under existing Regulations, it is only in rare cases that the maximum rates of pay and retired pay are reached by lieutenants from warrant rank on retirement at the age of 55. In the small minority of cases in which officers do not reach the rank of lieutenant before retirement, the possibility of reaching the maximum rate of pay and retired pay of a commissioned officer from warrant rank
will still exist, except where the officer is promoted at a late age in branches where the 10-year rule applies. The Admiralty do not consider it necessary to make special provision for such cases, the number of which will be very small. I would also refer my hon. and gallant Friend to my reply of the 29th May on the same subject.

Sir B. FALLE: Since the number is so very small, will the right hon. Gentleman see if he can evolve some scheme which will be fairer to these ranker officers?

Mr. AMERY: We endeavour in our scheme to be fair to everyone; but the difficulties are not altogether so easy to surmount.

Oral Answers to Questions — FRENCH NAVAL PROGRAMME.

Commander BELLAIRS: 10.
asked the Parliamentary Secretary to the Admiralty if he can state the number of vessels in the new French naval programme which war has shown to be capable of use for attacking commerce; and whether he can give the number of each class of vessel in this naval programme and the approximate cost?

Mr. AMERY: The total number of vessels in the new French programme is 34. This number is made up of

3 Light Cruisers.
6 Flotilla Leaders.
12 Destroyers.
12 Submarines.
1 Aeroplane Carrier.

The estimated cost of each vessel is not known, but a credit of 755,000,000 francs (or £30,200,000 at par) has been voted for the construction of the whole programme.

Oral Answers to Questions — ADMIRALTY (SALARIES).

Mr. L. MALONE: 11.
asked the Parliamentary Secretary to the Admiralty bow many officials at the Admiralty are now in receipt of salaries of £1,000 per annum and over?

Mr. AMERY: The number of officials in receipt of basic salaries of £1,000 per annum and over is 39. The number whose present total remuneration, i.e., salary
plus bonus, is £1,000 and over is 97. This number will, of course, decrease as the cost of living falls.

Oral Answers to Questions — RUSSIA (MRS. STAN HARDING).

Sir WILLIAM DAVISON: 3.
asked the Under-Secretary of State for Foreign Affairs what further action has been taken by the Secretary of State with regard to the wrongful imprisonment of Mrs. Stan Harding by the Russian Soviet Government since the note verbale of 4th January, 1922, from the British Agent to the Assistant Commissary for Russian Foreign Affairs, stating that His Britannic Majesty's Secretary of State for Foreign Affairs could not accept the reply of the Soviet Government in justification of the incident or of the refusal of the Soviet Government to grant compensation to Mrs. Stan Harding, as demanded by the British Secretary of State; and whether it is proposed to continue to negotiate trade and other agreements with the Russian Soviet Government until the redress demanded by the Secretary of State for Foreign Affairs for this outrage on a British citizen who was given a safe conduct by the Russian Soviet Government has been obtained?

The UNDER-SECRETARY of STATE for FOREIGN AFFAIRS (Mr. Cecil Harmsworth): Since the note of the 4th of January, the correspondence on this matter has been published in a White Paper. For the rest I would refer the hon. Member to the reply given by the Prime Minister to his question of the 29th May.

Sir W. DAVISON: Is it not a very unusual procedure for His Majesty's Government, when demanding reparation for a gross outrage to a British subject, to inform the [...]reign Government that if reparation be not made, all that will be done by His Majesty's Government is that information will be given to the Press?

Mr. HARMSWORTH: I do not know about that, but the matter is under the immediate and constant attention of the Government, and we hope still to obtain redress.

Oral Answers to Questions — SAMSLJN (BOMBARDMENT).

Mr. AUBREY HERBERT: 4.
asked the Under-Secretary of State for Foreign Affairs if his attention has been called
to a bombardment of Samsun by the Greek fleet and the destruction of noncombatant property; and whether, seeing that the neutrality of the Bhosphorus and the Dardanelles has been proclaimed by the Allied Powers, he is prepared to make any statement as to the action of the Greek fleet and the consent of the Allies?

Mr. HARMSWORTH: The answer to the first part of the question is in the affirmative. The object of the attack appears to have been the destruction of stocks of munitions of war which are known to have been arriving at that port from Russia. His Majesty's Government have no information regarding the destruction of non-combatant property. The neutrality of the Straits zone, which has been maintained by the Allies since 10th August last in regard to the Greco-Turkish conflict, does not affect the passage of belligerent vessels through those waters. The Allies were not notified of the Greek intention to carry out the present bombardment and there is no question of their consent thereto.

Mr. HERBERT: What does the word "neutrality" mean, if armed forces are allowed to go through the so-called neutral zone.

Mr. HARMSWORTH: I have given my hon. Friend the proper interpretation of the actual position. Should he require further illumination on the subject, perhaps he will put down a question.

Mr. MALONE: Is it a fact that the shells were British shells?

Mr. HARMSWORTH: I should think that is highly improbable. I have no information to that effect whatever.

Oral Answers to Questions — UNEMPLOYMENT.

TRADE DISPUTE DISQUALIFICATION (COMMITTEE).

Mr. THOMSON: 15.
asked the Minister of Labour if he is now in a position to state the composition of the ad hoc Committee which he promised to set up to inquire into the possibility of framing amending legislation whereby the innocent victims of a trade dispute should not be debarred from receiving the unemployed pay to which they had been compelled to contribute when at work?

The MINISTER of LABOUR (Dr. Macnamara): The composition of the Committee is as follows:

Chairman:

Sir Thomas Munro.

Members:

Employers' side:

Workers' side:

Ministry of Labour:

And the terms of reference are—
to examine the working of the trade dispute disqualification for unemployment benefit as contained in Section 87 (1) of the National Insurance Act, 1911, and Section 8 (1) of the Unemployment Insurance Act, 1920, and to consider whether any, and if so what, modifications should be made therein.

Mr. THOMSON: Can the right hon. Gentleman encourage the Committee to meet promptly, so that if legislation be recommended, it can take place without delay?

Dr. MACNAMARA: I said when I promised the Committee that it was very doubtful indeed whether it could deal with such a complicated question in such a way as to make it possible for us to legislate this Session.

FISHERMEN.

Mr. ROYCE: 16.
asked the Minister of Labour the approximate number of unemployed fishermen of all classes in the British Isles and the average amount paid weekly in unemployed benefit; and can he state the number of share fishermen who are not eligible for unemployed benefit?

Mr. TILLETT: 19 and 20.
asked the Minister of Labour (1) the approximate number of share fishermen in the British Isles who are exempt from the Unemployment Insurance Act; whether he proposes to take any steps to bring such men within the scope of the Act;
(2) the approximate number of unemployed fishermen of all classes in the British Isles; and what is the weekly amount of unemployment benefit paid to them during the past three months?

Dr. MACNAMARA: On 22nd May about 3,000 fishermen in Great Britain insured under the Unemployment Insurance Acts were unemployed. The amount paid in benefit for the week commencing on that date was about £1,550 and for the previous three months averaged about £1,920 weekly. I cannot state the total number of fishermen unemployed or the number of share fishermen not eligible for benefit. But the number of fishermen insured represents about 35 per cent. of the number in the industry. Share fishermen could not be brought within the Act without fresh legislation. I am not prepared to introduce such legislation at the present time.

WOMEN.

Major KELLEY: 21.
asked the Minister of Labour the number of women who before the War were in domestic employment; and, if he cannot, will he state the total number of women receiving unemployment pay?

Dr. MACNAMARA: According to the Census of 1911 the number of women aged 18 and upwards employed in domestic indoor service in Great Britain at the date of the Census was about 1,200,000. On 6th June, 1922, the total number of women wholly unemployed and in receipt of unemployment benefit was under 57,500, all of whom had paid a considerable number of unemployment insurance contributions, or had otherwise shown that they are normally employed in some insured trade among which domestic service is not included.

LAND DRAINAGE SCHEME.

Mr. RENDALL: 63.
asked the Minister of Agriculture why he ordered that land drainage schemes for the relief of unemployment should be discontinued on the 31st May last; whether he is aware that the Gloucester Agricultural Committee and other county committees have unanimously passed resolutions urging that this useful work should be proceeded with as the summer is the time when the work can be best done, and that the National Farmers' Union have intimated that such a course would not interfere
with the supply of labour on the land; and whether, since, taking into account the contributions made by owners and occupiers and the large employment of unskilled labour, expenditure on drainage schemes for the relief of unemployment is more economical and of greater national benefit than the payment of doles, he will reconsider his decision?

Major BARNSTON (for Sir A. Boscawen): The closing of all drainage work unemployed on 31st May was decided upon by His Majesty's Government after full consideration of all the conditions, and was accepted by drainage authorities and County Agricultural Committees as an essential condition when applying for grants from public funds to enable them to carry out schemes. The matter has received constant attention and my right hon. Friend has been able to arrange with His Majesty's Treasury for schemes carried out by County Agricultural Committees to continue to be financed by Government up to 30th June, by which date it is expected that all the schemes which are now in hand will be completed. My right hon. Friend regrets that, as he explained in reply to the hon. Members for the. Forest of Dean and Stroud on the 29th May, the Government is not able to extend the scheme beyond the date mentioned.

Oral Answers to Questions — EX-SERVICE MEN (OPHTHALMIC OPTICAL INDUSTRY).

Mr. RHYS DAVIES: 22.
asked the Minister of Labour what constitutes the advisory panel for the ophthalmic optical industry and the date of its formation; whether those employed in the industry are represented on the panel; and, if not, whether he will give favourable consideration to giving those employed representation thereon?

Dr. MACNAMARA: An advisory panel for this industry was set up in the London area in March last, and consisted of nine employers representing the manufacturing, jobbing and prescription firms. A similar local panel was set up in Birmingham last month. Employés in the industry are not at present represented on the panels owing to the absence of any organisation from which nominations could be obtained. If any suitable association of the employés in this in-
dustry comes into existence I will reconsider the constitution of the advisory panels.

Mr. DAVIES: If I send to the right hon. Gentleman the name of an association covering these people, will he consider the point?

Dr. MACNAMARA: Certainly.

Mr. DAVIES: 23.
further asked the Minister of Labour whether he is aware that there is an acute depression in the jobbing and prescription business of the ophthalmic optical industry, and that ex-service men are being trained for this business under his control without much hope of securing employment at the end of their training; and whether, in view of this state of affairs, he will consider a revision of the whole scheme of training in this connection?

Dr. MACNAMARA: The opinion of the jobbing, prescription and retail branch of the ophthalmic optical trade is that there will be a number of openings for disabled men. Some 16 vacancies have already been offered. Disabled men will only be trained for this industry in as far as vacancies are available for them in workshops.

Oral Answers to Questions — HOUSING.

COMPLETED HOUSES.

Mr. T. THOMSON: 26.
asked the Minister of Health the number of houses now completed under the Housing Acts of 1919; the number in the course of construction; and the total number which will be erected when the Government's housing programme under the 1919 Acts is completed?

The MINISTER of HEALTH (Sir Alfred Mond): The number of houses completed by local authorities, public utility societies and private builders under the State-aided housing schemes on the 1st June was 149,207; and in addition 3,079 dwellings had been provided by the conversion of huts and hostels. The number of houses in course of construction by local authorities and public utility societies is 40,970, and preliminary certificates have been issued to private builders for 8,846 houses which, to qualify for subsidy, must be completed by 23rd instant. The total number of
houses to be erected by local authorities and public utility societies under the scheme is 176,000, to which must be added some 40,000 houses to be built by private builders.

Mr. THOMSON: Can the right hon. Gentleman say what further steps the Government propose to take to provide the balance of the half million houses promised at the last Election?

Sir A. MOND: I made a speech on the subject yesterday, and my hon. Friend made a long speech, to which, later, I may have some opportunity of replying.

NORWEGIAN CEMENT.

Mr. JAMES WILSON: 34.
asked the Minister of Health whether his attention has been called to the action of the marketing company of the Associated Portland Cement Manufacturers in excluding from British markets cement produced in Norway under a threat to flood the Norwegian markets with British cement; and, in view of the effect this will have on maintaining the existing high cost of building, whether he will take steps to ensure that British contractors will, as heretofore, be in a position to secure the equally serviceable and less costly cements produced on the Continent?

The PARLIAMENTARY SECRETARY to the BOARD of TRADE (Sir W. Mitchell-Thomson): I have been asked to reply. The answer to the first part of the question is in the negative, but if the hon. Member will send me any information he may have on the subject, I will consider it.

DULWICH ESTATES SCHEME (SUBSIDY).

Lieut.-Colonel Sir F. HALL: 36.
asked the Minister of Health whether he is aware that the Dulwich estates governors erected a number of houses under the Government housing scheme and that the estates governors have communicated frequently with his Department asking for payment of the subsidy due from the Government; what is the amount of such subsidy; whether it has been paid; if not, what is the reason for the same being withheld; and, seeing that the estates governors require the subsidy to enable them to carry on their educational work,
will he give instructions for the liability to be discharged without further delay?

Sir A. MOND: Payments on account of the annual subsidy payable for the year ended 31st March last were made in June and October of last year. The balance of subsidy due up to the end of that year could not be determined until the accounts had been made up and audited. This has now been done, and the balance due is being paid.

Sir F. HALL: Is the right hon. Gentleman aware that the small amounts he referred to as having been paid up to June and October last year account for a very small number of houses, and seeing that the whole of the houses have been disposed of, and the necessity of the Governors having the money for education purposes, will he take immediate steps to see that they receive the amount due from the Government?

Sir A. MOND: If the hon. Member will read the answer he will see that I said the accounts have now been made up and audited, and the balance due is being paid.

WARE STREET, HOXTON.

Mr. GILBERT: 40.
asked the Minister of Health whether he has received a scheme from the London County Council for the clearance of the slum area known as Ware Street, Hoxton; what was the date when such scheme was received; will he state if his Department has approved or disapproved of the scheme; what is the reason for the delay in the decision; and when his Department will inform the London County Council whether they may proceed with this clearance scheme?

Sir A. MOND: A scheme for the clearance of the area referred to was made by the London County Council on the 4th May, 1920, and submitted to the Ministry in July, 1920. Consideration of the scheme was deferred until further progress had been made by the council in the provision of new housing accommodation. Details of the scheme have been discussed with representatives of the Council, and a formal Order confirming the scheme will be issued in a day or two.

Oral Answers to Questions — STARVATION CASES, DURHAM.

Mr. R. RICHARDSON: 27.
asked the Minister of Health if he will give the fol-
lowing particulars regarding starvation cases in county Durham in 1920; and whether the deceased persons or, in the case of a baby, its parents applied for relief, or were known to the guardians or their officers, together with such information as was given in the annual lists which were published until 1919, and a full reply of the coroners relating to these eases?

Sir A. MOND: I am sending the hon. Member the particulars for which he asks.

Oral Answers to Questions — HEALTH VISITORS (SALARIES).

Mr. T. GRIFFITHS: 28.
asked the Minister of Health whether he has received any resolutions of protest against the low salaries being paid to health visitors; whether his Department has any control in this matter; whether he has issued any advice to local authorities on the rates of remuneration for these public servants; and, if so, will he state the nature of this advice?

Sir A. MOND: I would refer the hon. Member to replies which I gave to questions on this subject on 3rd April and 10th May, of which I am sending him copies.

Oral Answers to Questions — SPONTANEOUS COMBUSTION (COAL REFUSE).

Mr. RHYS DAVIES: 29.
asked the Minister of Health whether he will consider introducing legislation to deal with the dangers arising out of the liability to spontaneous combustion of refuse heaps from coal mines, giving powers to local authorities to prevent the permanent disfigurement of certain areas, to compel colliery owners to take such steps as will effectively prevent such heaps taking fire, and to provide against nuisances arising therefrom?

Sir A. MOND: Local authorities already possess powers under the Public Health Act to proceed against persons responsible for accumulations or deposits which are nuisances or injurious to health, and as at present advised, I doubt whether there is a sufficient ease for further legislation.

Mr. DAVIES: Does the right hon. Gentleman not see that though it cannot be proved that these heaps are injurious to
health, they may be dangerous to the community and particularly to property?

Sir A. MOND: I should have thought that if they were dangerous to the community, they would probably be injurious to health.

Oral Answers to Questions — BOARDS OF GUARDIANS (FINANCIAL POSITION).

Mr. W. THORNE: 31.
asked the Minister of Health if he is aware of the desperate financial condition in which the Sheffield Board of Guardians find themselves; if he can state whether the board of guardians in question have asked the Government to give permission for the raising of a loan or overdraft up to £60,000, to be repaid by 30th September; whether the total indebtedness of the union is £150,000; and if he will take action in the matter?

Sir A. MOND: I am aware of the financial situation of the Sheffield Union and, with a view to assisting the guardians I have sanctioned a loan of £300,000, the repayment of which is to be spread over a period of five years. I have also authorised certain overdrafts pending the collection of the current rates.

Mr. W. THORNE: 32.
asked the Minister of Health if he is aware of the desperate financial position in which the Cannock Chase Guardians find themselves; that they have decided to suspend for three months their compulsory orders against miners for the repayment of relief on loan given out last year during the coal stoppage and if he will take action in the matter?

Sir A. MOND: I do riot think that the financial position of this board of guardians is so serious as the hon. Member suggests, and I have no information as to the second part of the question, but I will make inquiries. I have authorised the guardians to borrow by way of overdraft a sum of £9,000 for the purpose of meeting their current expenditure.

Mr. MALONE: When is the Prime Minister going to deal with the whole question of guardians, which he promised to do?

Sir A. MOND: That question had better be addressed to the Prime Minister.

Mr. W. THORNE: 33.
asked the Minister of Health if he is aware of the desperate financial position of the Blaina Board of Guardians; that the assistant overseer said he did not expect to collect more than 28 per cent. of the rates of this half-year and that over 100 persons had to mortgage property to pay the last rate; if he can state the total rate in the £ for Poor Law purposes and the total rate levied for all purposes for Blaina; and if he will take action in the matter?

Sir A. MOND: I presume the hon. Member has in mind the Nantyglo and Blaina Urban District. An investigation of the position is being made by officials of my Department and a deputation from the District Council is being seen this week. The total rate in the £ for the urban district for the current half-year is 12s. 9d. (exclusive of the water rate), of which 4s. is for Poor Law purposes.

Mr. THORNE: Is the right hon. Gentleman aware of the very serious position in which all boards of guardians find themselves, and is he aware that in some localities there are as many as 175 per 1,000 of the population on Poor Law relief? Is the Government prepared to take any steps to remedy the serious position in which the guardians find themselves?

Sir A. MOND: As the hon. Member is aware, I have been dealing with this question for a long time, and am in constant touch with the boards of guardians. If the necessity arises, I facilitate loans for a period to help them over the difficulty in which they find themselves at the present time. I am glad to say that, contrary to certain fears expressed, the applications for loans have been on a smaller scale than had been anticipated.

Mr. J. DAVISON: Is it not time that the right hon. Gentleman got in front of the question and did not follow it?

Mr. W. THORNE: Is the right hon. Gentleman aware that the loans advanced to various local authorities are exhausted in about six months, and they find themselves in the same economic position as before?

Sir A. MOND: That question does not arise.

Oral Answers to Questions — POPLAR (OUTDOOR RELIEF).

Sir F. HALL: 38.
asked the Minister of Health whether he is aware that the Poplar guardians have made a practice of giving outdoor relief to parents whose children are receiving free meals from the education authority, and in doing so have taken no account of the assistance given by way of meals, and that the guardians have refused to furnish any particulars of the cases in which relief has been duplicated in this way; and if he will state whether, seeing that such action is contrary to the principle of the Act empowering education authorities to feed necessitous children, his Department propose to take the matter up with the guardians?

Sir A. MOND: The answer to both parts of the question is in the affirmative.

Oral Answers to Questions — CASUAL WARDS, DURHAM (STONE POUNDING).

Mr. R. RICHARDSON: 39.
asked the Minister of Health whether he is aware that in the case of Rex v. Baddeley a London stipendiary magistrate declared that a task of stone pounding imposed in a casual ward governed by the general order of 18th December, 1892, was illegal; that the Local Government Board or its President or the Minister of Health subsequently to this decision made such a task legal in various unions; whether he will now state the names of the unions (if any) in the county of Durham in which it was so made legal, and the dates at which it was legalised in each such union; whether he will cause the casual wards in Durham county and their methods of administration to be examined to see whether proper sleeping accommodation and suitable bed clothing has been supplied in all the Durham county casual wards; whether there is any severity of task of work, strictness of detention, defect of dietary, or harshness of administration likely to account for persons dying of starvation or privation instead of applying for Poor Law relief; whether the Regulations as to giving a mid-day meal to casual paupers on the day of discharge are complied with, and also, in cases where it is not given, are the reasons entered in the admission and discharge book in all the unions of Durham county; and, if not, which union or unions is or are in default?

Sir A. MOND: The hon. Member has mistaken the effect of the judgment referred to. The task of work in question would have been perfectly legal if the guardians had passed the necessary Resolution and obtained the necessary approval. I will make inquiries into the other matters referred to, but the information which I have obtained in response to the hon. Member's request does not support the suggestion that the deaths from starvation or privation in the county are attributable to any defect in the administration of the Poor Law.

Oral Answers to Questions — WATER SUPPLY (ENGLAND AND WALES).

Mr. GILBERT: 41.
asked the Minister of Health whether the attention of his Department has been drawn to the prospective shortage of water in the district supplied by the Metropolitan Water Board if the present drought continues; whether he has taken any action in order to urge on the Water Board the necessity of providing for London's water supply; if so, will he state what action has been taken; and if he proposes to take any further steps in order to protect water consumers in the Metropolitan area?

Sir A. MOND: I am keeping in close touch with the Metropolitan Water Board, who fully appreciate the position and are taking all possible precautions. At present there is no shortage, nor, having regard to the available supplies, is the situation likely to become generally serious, even if the drought should continue. It is important, of course, that, in view of the very exceptional spell of dry weather which has been experienced, the public should exercise all reasonable care in the use of water.

Mr. W. THORNE: Is the right hon. Gentleman aware that there is any amount of water in Wales, and cannot facilities be given to bring that water to various parts of the country?

Sir A. MOND: I am well aware that there is a large amount of water in Wales.

Mr. MALONE: 42.
asked the Minister of Health whether a water shortage is anticipated this year; if so, in what localities and to what extont; and what action is being taken by His Majesty's Government?

Sir A. MOND: There is at present no serious shortage of water supplies generally, although some places are already in difficulties. The conditions differ greatly even in neighbouring districts, but the outlook, if the drought continues, is least satisfactory in the south and south-east. My Department are assisting authorities who are, or are likely to be, in difficulties. I will send the hon. Member a copy of a circular which was issued in March last.

Sir D. MACLEAN: Has any progress been made, and if so to what extent, with regard to the general inquiry into the water supply of England and Wales?

Sir A. MOND: As my right hon. Friend knows, there is a general inquiry going on. I do not think that I can tell him exactly what progress has been made, but a very careful survey is being made of the water supply and the sources of water supply of the country.

Mr. W. THORNE: Is the right hon. Gentleman aware that since Birmingham got its water supply from Wales, there has been no shortage?

Oral Answers to Questions — SUDAN (STATUS).

Major BOYD-CARPENTER: 45.
asked the Prime Minister whether discussions on the status of the Sudan in relation to Egypt have now taken place whether the situation has now been precisely defined; whether he is aware that the uncertainties of the position have for some time past been causing grave uneasiness a[...]d dislocation in business circles, by whom large sums have been invested towards the economic development of the Sudan, and that the fact that the question was under discussion has caused apprehension as to the security of their invested capital; and whether he will make an early statement on the subject?

Mr. HARMSWORTH: The answer to the first part of the question is in the negative. As regards the remainder I would remind the hon. and gallant Member of the categorical statement made by the Prime Minister on the 28th February last that His Majesty's Government cannot agree to any change in the status of that country (the Sudan) that would in the slightest degree diminish the security for the many millions of British capital which are already invested in its
development—to the great advantage of the Sudan.

Oral Answers to Questions — IMPERIAL CONFERENCES, 1917–18 (REPORTS).

Mr. HURD: 46.
asked the Prime Minister whether a full report of the proceedings of the Imperial Conferences of 1917 and 1918 can now be published?

Mr. CHAMBERLAIN (Leader of the House): Extracts from minutes of proceedings and papers laid before the Imperial War Conference of 1917 and 1918 were published as Parliamentary Papers in May, 1917, and October, 1918. As at present advised, I do not think that the time has yet come for considering the question of publishing full reports, which would, in any event, necessitate detailed examination of the proceedings by His Majesty's Government and reference to all the Dominion Governments represented at the Conferences. The decision to publish, if taken at all, could be properly taken only by the Imperial Conference as a whole.

Mr. HURD: Will the right hon. Gentleman say whether the decisions of these two Conferences do not now form the basis of policy, not only in this country, but in many of the Dominions, and how can public opinion be properly informed unless the public get something more than the bald publication which has already been made?

Mr. CHAMBERLAIN: These Conferences were in the nature of. Cabinet Councils, and for their full usefulness the secrecy usually attaching to the proceedings of Ministers in Council must be observed. I do not think that the time has come when these proceedings should he published in full, if, indeed, as I say, that time should ever come, until the historian deals with that period.

Mr. HURD: Have not the Blue Books published in reference to earlier Conferences been the means of giving information to the public as to matters on which policy is now based?

Mr. CHAMBERLAIN: In the years between the earlier Imperial Conferences an' the later meetings, such as those of 1917 and 1918, immense strides forward have been made, and the matters taken
into consideration at the later Conferences were in many eases of a much more confidential character, but even as regards the earlier Conferences I think that particular discussions were not published.

Mr. SPENCER: Does not the right hon. Gentleman think that it would be better for the world at large if there were less secrecy among Ministers in all countries?

Mr. CHAMBERLAIN: No. I think that the complaint made yesterday was that the Cabinet Secretariat prepared for publication matters which ought to be kept confidential. Without accepting that charge, I think that the proceedings of councils of Ministers, whether in this country alone, or in other parts of the Empire, when in council, should be in private.

Oral Answers to Questions — HOUSE OF LORDS.

Mrs. WINTR INGHAM: 47.
asked the Prime Minister whether the Government will introduce at an early date and pass through all its stages a Bill amending the Sex Disqualification (Removal) Act, which will enable peeresses in their own right to sit and vote in the House of Lords?

Mr. CHAMBERLAIN: The question whether peeresses in their own right should sit and vote in the House of Lords was fully debated during the passage through Parliament of the Sex Disqualification (Removal) Act, 1919, and the House of Lords on more than one occasion declined to accept proposals that the Bill should enable them to sit. I have every reason to suppose that the House of Lords would, if a Bill were presented to them, adhere to the opinion which they then held, and I should not think myself justified in the present state of Parliamentary business in introducing legislation which would, in my opinion, have no chance of passing into law.

Mr. FOOT: Will the right hon. Gentleman see that the admission of women into the House of Lords should be included in the proposals for the reform of the House of Lords which are shortly to be laid before the House?

Mr. CHAMBERLAIN: I will not give that pledge, but obviously any proposals
for the reform of the House of Lords will raise the question whether women will be eligible or not.

Mr. J. JONES: If the right hon. Gentleman agrees with the generally expressed idea that wives are the greatest help-mates of man, would he not agree that women should be allowed to sit in the House of Lords?

Commander BELLAIRS: 50.
asked the Prime Minister, in view of the postponement of the discussion on the House of Lords' Resolutions owing to the illness of Lord Curzon, whether the Government will publish the Resolutions at once so as to obtain the full benefit of discussion in the public Press and elsewhere?

Mr. CHAMBERLAIN: No, Sir, we are not prepared to adopt this course.

Mr. G. LOCKER-LAMPSON: Does the right hon. Gentleman think there is much good in reforming the House of Lords unless at the same time he will do something to alter the relations between the two Houses?

Mr. CHAMBERLAIN: No, Sir. I think there would be no use in doing the one without the other.

Commander BELLAIRS: Am I right in saying that the Government policy, as outlined in reference to the Prime Minister's speech on Genoa, is to have criticism first and to make a reply afterwards Would they not like to hear the criticisms first before making speeches?

Mr. LOCKER-LAMPSON: Does the right hon. Gentleman propose to introduce a Bill for the purpose of altering the relations between the two Houses?

Mr. CHAMBERLAIN: No, Sir. The Government have already stated that they propose to proceed in the first instance by Resolution—a Resolution affording, as we hope, ground of agreement on which to found a Bill.

Commander BELLAIRS: Would it not be advantageous to have the criticisms first and then for the leaders in the House of Lords to make their speeches?

Mr. CHAMBERLAIN: Perhaps I am perplexed by the introduction of Genoa. This is a reference merely to the Resolution in the House of Lords. It appears to the Government that it would be con-
venient that, as soon as possible after the tabling of the Resolution in the House of Lords, the preliminary discussion in the House of Lords should take place, in which the Leader of the House can explain the views of the Government in relation to the Resolution.

Sir D. MACLEAN: May we expect the Resolution to be introduced in another place before the end of the present Session?

Mr. CHAMBERLAIN: Oh, yes, Sir; certainly. I cannot give a day at the present moment, but communications are proceeding or are about to take place between the representatives of the Government in the other House and leading Members of that House as to the date and the circumstances in which the Resolution should be moved.

Sir D. MACLEAN: May we expect that event to take place within a month from now, or before the end of June?

Mr. CHAMBERLAIN: I cannot say definitely. What I said a couple of days ago was that I had some reason to believe that leading Members in the House of Lords would wish the Resolution to be moved by the Leader of that House, if that be possible. That would involve a certain delay, and the communications will be directed to ascertaining whether the general sense of the other place is in favour of waiting till my Noble Friend, Lord Curzon, can speak—whether that House would prefer to wait for him, or whether they would prefer an earlier day, when the Resolution would have to be in the hands of another of my colleagues.

Major M. WOOD: Will it be before the Autumn Recess? [HON. MEMBERS: "That has been answered!"]

Oral Answers to Questions — IRELAND.

CONFERENCE (LORD CHIEF JUSTICE).

Lord R. CECIL: 48.
asked the Prime Minister whether the Lord Chief Justice of England attended a committee of Ministers dealing with the Irish question; and, if so, why this departure from constitutional practice was made?

Mr. CHAMBERLAIN: The Lord Chief Justice, who was a member of the Irish Conference and at that time His
Majesty's Attorney-General, took a leading part in the constitutional discussions between British and Irish representatives at that Conference. When difficulties and differences of opinion arose upon the question whether the Draft Constitution was in harmony with the Treaty, it was thought convenient in the public interest, and not in the circumstances improper, that the Lord Chief Justice should resume his discussion upon this particular question. He took no part in any other and more general discussion, and no part in any decision of Ministers. The task undertaken by Lord Hewart can hardly be described as a departure from constitutional practice, inasmuch as no precedent is believed to exist for the occasion on which his assistance was requested. It is reasonable to suppose that his duty in this matter is now finally discharged.
I should not like to give that answer without saying, as one of His Majesty's Ministers, that we are under a great obligation to Lord Hewart for having consented to give us his assistance in this matter, as he was somewhat reluctant to do so.

Lord R. CECIL: The right hon. Gentleman is aware that I did not desire to make any attack on the Lord Chief Justice in asking my question.

Mr. CHAMBERLAIN: I did not mean that.

Lord R. CECIL: Even with the qualifications and restrictions which the right hon. Gentleman has pointed out, does he not think that there are grave objections to a judge, who may have to decide judicially questions arising out of these very considerations, even appearing to be in consultation with Ministers on the matter?

Mr. CHAMBERLAIN: Undoubtedly the position was one of some delicacy. I think Lord Hewart reluctantly resumed any part in the Conferences, and he was strictly limited within the sphere I have described. All I can say is that I believe Lord Hewart's intervention, his consent to give us that assistance, was as welcome to the other parties to the negotiations as to ourselves, and contributed signally to such success as was attained by the Conferences.

ARMY RESERVISTS.

Captain FOXCROFT: 74.
asked the Secretary of State for War if any reservists have been struck off the Army Reserve by the recent disbandment of Irish regiments; and, if so, how many?

The FINANCIAL SECRETARY to the WAR OFFICE (Lieut.-Colonel Stanley): The reply to the first part of the question is in the negative. The second part, therefore, does not arise.

KIDNAPPED BRITISH OFFICERS.

Sir W. DAVISON: 53.
asked the Secretary of State for the Colonies whether he can now give the House any information as to the fate of the three British officers and one private who were kidnapped at Macroom at the end of April and are supposed to have been murdered?

The SECRETARY of STATE for the COLONIES (Mr. Churchill): I regret that I can add nothing to the reply which I gave to the Noble Lord the Member for Battersea South on the 30th May last, namely, that I have no further information regarding these officers and the soldier, but that the military authorities no longer feel able to hold out any hope that they are still alive.

Sir W. DAVISON: Can the right hon. Gentleman say anything as to the rumour which was very current that these officers and the soldier were taken to Macroom Castle, tried by a detachment of the Irish Republican Army, and shot there?

Mr. CHURCHILL: No, I know nothing of that. I shall be very glad of any evidence given to me on the question.

Colonel Sir C. YATE: Is it the case that Macroom Castle was surrounded and held by His Majesty's forces? If so, why were the men inside the Castle not taken prisoners?

Mr. CHURCHILL: I know nothing of that. I must have notice of the question.

Major BOYD-CARPENTER: Is there any truth in the story told that the Commanding Officer of the Hampshire Regiment, in which two of these officers served, had communicated with the next-of-kin as to the death and murder of these officers?

Mr. CHURCHILL: I have said that the military authorities no longer feel any
hope that these officers and the soldier are alive. I also said on another occasion, believe, that the relatives have been informed. At any rate, I understood that.

SPECIAL CONSTABULARY, ULSTER.

Mr. DEVLIN: 54 and 55.
asked the Secretary of State for the Colonies (1) whether his attention has been called to the action of the Ulster special constabulary in holding up, searching, and subjecting to insult and indignity His Eminence Cardinal Logue arid Most Reverend Dr. O'Donnell at Lisnadell, County Armagh, on Tuesday 6th June, when proceeding on their religious duties; whether he is aware that, on His Eminence protesting against such treatment and objecting to the searching of a parcel of diocesan letters and documents, an order was given to cover that man with a rifle, and a rifle and revolver were immediately thrust under his nose; that a full search was then made of all papers and documents; that even a box in which were holy oils for confirmation was opened, though Archbishop O'Donnell explained what was in it; that this was the second occasion on which His Eminence the Cardinal and Dr. O'Donnell had been subjected to this indignity, as they had been similarly held up on the 24th May by the specials at Lisnadell and subjected to search and insult; and whether, in view of the fact that this repeated interference with ministers in the discharge of their religious duties is a direct breach of the letter and sprit and whole intention of Section 5 of The Government of Ireland Act, 1920, he will have that Act suspended as its constitution is no longer being observed;
(2) whether his attention has been drawn to the official statement from the headquarters of the special constabulary in Belfast that the specials, in holding up His Eminence Cardinal Logue and the Most Reverend Dr. O'Donnell, had exceeded their instructions; whether he can state what are the instructions given to special constables in such matters; and whether he will issue in the form of a White Paper a statement setting out the nature of the instructions, written and oral, issued to the specials for carrying out their duties in the Northern area?

Mr. CHURCHILL: My attention has been called to this incident, and I took the opportunity of reading His
Eminence's letter in the Irish newspapers. I may say at once that His Majesty's Government consider that the incident was very regrettable. His Eminence had just delivered a speech, the whole object of which was to bring about a more peaceful, rational and Christian temper in Ireland, and it is indeed lamentable that he should have been subjected to so much want of consideration. I was very glad to learn that an official rebuke was spontaneously administered by those in charge of the Special Constabulary to their agents for their conduct in this matter. The phrase "exceeded their instructions" is clearly intended in that sense. I do not think it is necessary, nor indeed do I think it is practicable, to lay in the form of a White Paper instructions, general or special, which may be issued by the police authorities to constables coping with the kind of situation which has arisen in Northern Ireland.
I may add that I have had the advantage of a conversation with Sir James Craig on this subject, and he has desired me to say that it is far indeed from the wishes or intentions of the Government of Northern Ireland that any want of courtesy or consideration should be shown to Cardinal Logue or any other high dignitary of the Catholic Church.

Mr. DEVLIN: In view of the fact that the first insult and indignity was put upon Cardinal Logue in pursuit of his ecclesiastical duties on 24th May, and that subsequently he was insulted in a much more offensive form on 6th June, why were no steps taken to protect him and other distinguished ecclesiastics in the discharge of their functions?

Mr. CHURCHILL: I have no information other than that which I have given to the House. The matter, of course, is one primarily to he raised in the Ulster Parliament.

PEACE PACT, BELFAST.

Mr. DEVLIN: 56.
asked the Secretary of State for the Colonies whether his attention has been called to the action of the Special Constabulary in Belfast in arresting and detaining, without charge or trial, two Catholic members of the Conciliation or Peace Committee set up under the Craig-Collins pact; whether he has information that warrants have been issued for three other Catholic members of the committee; and whether, seeing that the
peace pact cannot be carried out while the Government of Northern Ireland pursue this policy, he will inform it that the £500,000 grant recently voted will be withdrawn from the Ulster Parliament and handed over to a committee who will use it for the relief of the expelled workers and Catholic refugees in Belfast who have been left without homes or livelihood?

Mr. CHURCHILL: Yes, Sir; my attention has been drawn from various quarters to this matter, and I have personally seen the representatives of the Northern Government upon the subject. They inform me that charges of substance are to be preferred against these two men, but I have not yet received information as to what these charges are. It certainly is a great pity that the committee which was to have been set up under the agreement of the 31st March should have met with so little success, and I do not think anyone can be satisfied that the position should be left where it now stands. The Imperial Government was a party to the agreement of the 31st March, and on this ground as well as on others has the responsibility for endeavouring to secure its execution as opportunity may serve. We have been passing through an extremely critical and violent period in Northern Ireland in the last few weeks, and at the first opportunity afforded by a calmer situation, I shall endeavour to press upon all parties concerned the importance of persevering in an endeavour to carry out that agreement. At the present moment such intervention would not be useful, both sides being animated by the greatest possible distrust and indignation against one another.
With regard to the last part of the question, I cannot see that it would be any advantage at the present time to withdraw this grant, which is divided proportionately between Protestants and Catholics, and which is a mitigating and merciful factor in the general harshness of the scene.

Mr. DEVLIN: Can the right hon. Gentleman say by what process of impartial administration this pact can be carried out if the representatives of one side to the pact are arrested and imprisoned without charge and there are no representatives of the Catholics on this body?

Mr. MOLES: Before the right hon. Gentleman replies will he also tell the House whether, in fact, the Craig-Collins pact did not break down completely as a result of the action of the Provisional Government in setting up a railway commission of their own? Secondly, what useful purpose could be secured to the unemployed in Belfast by the withdrawing of the grant of £500,000 from His Majesty's Government, which would involve the withdrawal for the same reason of £500,000 voted by the Corporation and the Harbour Board of Belfast to be distributed in the proportion provided as between the two sections of unemployed in that community?

Mr. CHURCHILL: I think, on reflection, my hon. Friend the Member for the Falls Division of Belfast (Mr. Devlin) will see that my answer covers the whole point raised in his question. I do not for a moment suggest that the agreement is being carried out at the present time, but I hope an opportunity will occur soon when we can resume our efforts.

Mr. DEVLIN: In view of the pledge which the right hon. Gentleman gave to the House, that this £500,000 of Imperial money, advanced for a definite specific purpose should be distributed upon the terms laid down, namely, impartial administration as between the different interests concerned, what steps does he propose to take to deal with the fact that the representatives of the Catholic body have been arrested by the orders of the Ulster Government?

Mr. MOLES: May I also ask the right hon. Gentleman whether he thinks a worse service could be rendered to the cause of peace than the putting down of offensive and unfounded accusations of this kind?

Mr. DEVLIN: This is the man who works the pogroms in Belfast.

Mr. SPEAKER: We cannot deal with the details of the matter in this House.

Mr. CHURCHILL: I may answer the supplementary question of the hon. Member for the Falls Division. His Majesty's Government naturally are responsible for seeing that this money is distributed in the proportion agreed upon, and in the quarters for which it was intended. I shall be quite glad to answer questions in
the House upon that subject. I am assured that Catholic unemployed will get the full share of the money prescribed for them. I am quite willing to take responsibility for doing my best to see that this is carried out.

Mr. DEVLIN: In view of the fact that they have no representation upon the administrative body, what guarantee have they that the money allocated by the Imperial Government will be adjusted according to the spirit of the allocation?

Mr. CHURCHILL: That is very far from the question originally on the Paper. If my hon. Friend puts down another question, I am quite ready to show him the machinery which will be adopted for making sure that there is a distribution of the grant in proportion to the population.

Sir W. DAVISON: Is the hon. Member for Falls not a member of the Ulster Parliament?

Mr. J. JONES: Be is not.

OUTRAGES (ULSTER).

Captain FOXCROFT: 58.
asked the Secretary of State for the Colonies whether he will state the evidence on which he based his suggestion that Protestants and Sinn Feiners were equally responsible for the recent outrages in Ulster?

Mr. CHURCHILL: The hon. and gallant Member does not quote the words of my statement, which were reported as follows:
There is no comparison between the position of the Protestants, Loyalists, or Unionists, in Southern Ireland and that of the Catholics in Northern Ireland, because a most vehement and combative campaign is going on there. I am not saying who began it, or against whom the greater amount of blame rests, but, undoubtedly, a very active combat is going on there, with many killed and wounded on both sides…
To this statement I adhere.

Captain FOXCROFT: Does the right hon. Gentleman realise there were several statements in that speech, all of them suggesting to some of us that he considered that the Protestants were equally responsible with the Sinn Feiners? May I suggest—

HON. MEMBERS: Order, order!

Mr. SPEAKER: Does the hon. and gallant Member ask the next Question on the Paper?

SINN FEIN COURTS.

Captain FOXCROFT: 59.
asked the Secretary of State for the Colonies whether his attention has been drawn to proceedings instituted at the Sinn Fein supreme court, Dublin, on 31st May, when an order was secured restraining Martin J. Hughes from proceeding with a action in enemy courts, namely, His Majesty's Courts of Justice, etc.; whether these courts function under the authority of the Dail Eireann; and whether such procedure is in accordance with the Treaty?

Mr. CHURCHILL: I have seen a newspaper report of the proceedings referred to. It is a matter of common knowledge and I have never sought to disguise the fact that so called Republican Courts have continued their irregular activities since the Treaty. Their continuance side by side with the legally established courts is one of the many anomalies of the present transitional period which must presumably disappear when the Irish Free State has been duly set up and its Constitution has become operative. As the Provisional Government have no responsibility for and do not recognise these courts no direct breach of the Treaty arises, but certainly it is a very wrongful situation.

Sir W. DAVISON: Can the right hon. Gentleman say what steps the Provisional Government is taking to bring into action again the Courts of Justice in Dublin?

Mr. CHURCHILL: I cannot do that in answer to a supplementary question.

RAID (LONDONDERRY).

Brigadier-General NICHOLSON: 60.
asked the Secretary of State for the Colonies if he is aware that strong armed parties have crossed the border of Northern Ireland from the Free State, near Londonderry, and broken up the house of Mr. Maxwell-Moore, which is on the Londonderry border, and that protection has been refused by the military authorities if he will state the reason for this refusal; and if compensation will be given in this and similar cases and by whom?

Mr. CHURCHILL: I understand that an attack was made on the house of Mr. Maxwell-Moore on 3rd May last, with the result that windows were broken and some other damage was done. A request from Mr. Maxwell-Moore for protection was received by military authorities and was passed on to the civil police, as it is quite impossible for the Army, in addition to their other responsibilities, to undertake the protection of private individuals and their property. This involves no change in the procedure which for the past three years has been carried out in Ireland. In reply to the third part, provision is made under the existing law for compensation in this and similar cases.

MILITARY ACTION (RETTIGO AND BELEEK).

Colonel GRETTON: 61.
asked the Secretary of State for the Colonies if it is intended to accede to the demand of the Provisional Government of Southern Ireland for an inquiry into the action of His Majesty's military forces at Pettigo and Beleek; and. if so, will he state the reasons?

Mr. CHURCHILL: No, Sir. It is not intended to institute any such inquiry. His Majesty's Government believe themselves to be fully informed as to the facts, and accept full responsibility for the action which the military authorities took by their express direction.

NAKURU (ASSAULT UPON MR. C. F. ANDREWS).

Colonel WEDGWOOD: 57.
asked the Secretary of State for the Colonies whether he has yet received any Report upon the assault committed upon Mr. C. F. Andrews at Nakuru; and, if so, will he state the nature of the Report and the action that is being taken thereon by the Government?

Mr. CHURCHILL: I will circulate the Governor's despatch on this subject, with the reply which has been sent to him, in the OFFICIAL REPORT.

Following are the despatch and reply:

Government House,

Nairobi,

Kenya.

28th April, 1922.

SIR,

With reference to your despatch No. 422 of 15th March, I have the honour to inform you that during his visit to Kenya Mr. C. F.
Andrews, on 26th October, 1921, reported privately to Lieut.-Colonel Notley, then Acting Colonial Secretary, as to an assault which he stated had been made upon him at Nakuru Station while travelling by the Uganda Railway from Nairobi to Uganda.

2. He stated that a European, whose name he did not mention, seined him by the body when he was seated in his compartment and attempted to drag him from the train, afterwards catching hold of his beard several times, and repeating this behaviour at the following station.

3. Mr. Andrews was naturally much upset by the occurrence, and I caused an expression of my great regret to be conveyed to him. But as no official complaint war, submitted, and as Mr. Andrews particularly requested that no public action should be taken, I considered it inadvisable to pursue the matter further.

4. On his return journey from Uganda special precautions were taken by the police to prevent any unseemly behaviour towards Mr. Andrews.

I have, etc.,

(Signed) EOWARD NORTHEY.

Governor.

The Right Honourable

Winston Churchill, P.C.. M.P.,

Secretary of State for the Colonies,

Downing Street, London. S.W.

Downing Street,

7th June, 1922.

SIR,

I have the honour to acknowledge the receipt of your despatch No. 545 of the 28th of April, regarding the assault which was made upon Mr. C. F. Andrews at Nakuru Station, oil the Uganda Railway.

2. I have received with regret this report of an act which was as foolish as it was reprehensible. I recognise that Mr. Andrews' request that no public action should be taken prevented you from carrying the matter further, but it would have been a source of satisfaction to me, as no doubt to all responsible inhabitants of the colony, if the offender had received the punishment he deserved.

I have, etc.,

(Signed) WINSTON S. CHURCHILL.

Governor,

Major-General,

Sir E. Northey, K.C.M.G., C.B., etc.

GOVERNMENT TIMBER (PRICES).

Mrs. WINTRINGHAM: 65.
asked the President of the Board of Trade if 15,000 standards of spruce lying in Canada and belonging to this country have been sold to a firm of London timber importers; if so, what was the price per standard paid for the wood and how did it compare with the prevailing market value; and was any attempt made by the Govern-
ment to obtain any better price after the offer had been received from the purchaser?

Sir W. MITCHELL-THOMSON: Approximately 10,000 standards of spruce lying in Canada have been sold to a firm of London timber importers, who have intimated their intention to exercise an option given to them to purchase a further 5,000 standards. In accordance with the invariable rule in such cases, I am not prepared to disclose the price of sale. There is no timber of comparable quality on the market. The offer was closed with upon expert advice.

NAVAL AND MILITARY PENSIONS AND GRANTS.

DISABILITY PENSIONS (STABILISATION).

Major KELLEY: 66.
asked the Minister of Pensions when he will put into operation the Clause of the Act recently placed upon the Statute Book stabilising disability pensions after the disabled man has been in receipt of an award for four years or more?

The MINISTER of PENSIONS (Mr. Macpherson): I am sending my hon. and gallant. Friend a copy of the Regulations providing for the making of final awards which took effect on the 1st January last and have since that date been in full operation.

EDMONTON PENSIONS COMMITTEE.

Major KELLEY: 67.
asked the Minister of Pensions whether he has ordered the. Edmonton, N., War Pensions Committee to increase the salary of their 19-yearsold office boy from £1 7s. 6d. to £2 14s. per week; and, if so, whether he will state the reasons for his action?

Mr. MACPHERSON: The answer to the first part of the question is in the negative. Committees were recently informed that clerks over 17 years of age should be considered for increase of salary within prescribed limits. But the Committees, whose servants the clerks are were instructed to submit their recommendations as to the revised salary that should be paid, due regard being had to the nature of the work and the merits of each case.

Captain GEE: Will the right hon. Gentleman consider the advisability of discharging the boy, and employing an ex-service man in his place?

Mr. MACPHERSON: I am looking into the question.

SCOTLAND.

EDUCATION GRANTS.

Mr. W. GRAHAM: 68.
asked the Secretary for Scotland whether his attention has been drawn to the fact that under the draft Minute of the Committee of Council on Education in Scotland, providing for the payment of grants from the Education (Scotland) Fund under Section 21 (2) (a) of the Education (Scotland) Act, 1918, there are two variations from the method of allocation adopted last year in the exclusion of burghs from participation in the excess staffing grants and in the raising of the rate of deduction in respect of the valuation from 4d. to 6d.; whether he is aware that under both heads Edinburgh is more seriously affected financially than any of the other burghs in Scotland, particularly in the matter of valuation; and whether, having regard to these facts, the method of distribution followed in 1921–22 can be retained?

The SECRETARY for SCOTLAND (Mr. Munro): I am naturally aware of the variations to which my hon. Friend refers. The Minute, which was framed after the most careful consideration, was circulated in draft to all the education authorities in Scotland, and from the representations I have received I am satisfied that it has the approval of the great majority. I would remind my hon. Friend that any alteration in the direction he suggests could only be effected at the expense of other authorities, many of whom are faced with the prospect of a more serious reduction of grant than is anticipated in the case of Edinburgh. The reply to the last part of his question is therefore in the negative.

Mr. HOGGE: Is the right hon. Gentleman aware that in the case of Edinburgh the reduction is as large as 75 per cent. of the entire grant, and in view of that, will he arrange with the Leader of the House to allow an opportunity for the discussion of the prayer to His Majesty to refuse assent to this Minute?

Mr. MUNRO: I am aware that the reduction in Edinburgh is a very considerable amount, though I am not prepared to subscribe to the exact sum which my hon. Friend mentions. On the other matter I will consult my right hon. Friend the Leader of the House.

LICENCES, NEWMILNS AND DARVEL.

Mr. A. SHAW: 69.
asked the Secretary for Scotland whether he is aware that the polls taken on 2nd November, 1920, in the burghs of Newmilns and Darvel were declared valid by the Court of Session on 7th March, 1922, and that on 27th May, 1922, the licences in these burghs were nevertheless confirmed for another year; and what action he proposes to take to secure that the lawfully expressed wishes of the inhabitants of these burghs shall not be deprived of effect?

Mr. MUNRO: I am aware of the facts in the cases referred to by my hon. Friend. I am advised that I have no jurisdiction to intervene in the matter. My right hon. Friend the Lord Advocate, however, is considering whether any remedy by way of legal process is open to him as representing the public interest.

EDUCATION.

TEACHERS' SUPERANNUATION.

Captain BOWYER: 71.
asked the President of the Board of Education whether he is aware of the hardship entailed by the provision that a teacher must reach the age of 65 before he or she can get back, in the form of pension, the money that has been contributed towards superannuation; and will he secure that, when any teacher retires before the age of 65, that teacher may claim to be repaid the total amount, in a lump sum, of all the contributions that he or she has paid?

The PRESIDENT of the BOARD of EDUCATION (Mr. Herbert Fisher): I understand the question to refer to the provisions of the School Teachers (Superannuation) Bill. I do not think I can usefully; by way of question and answer, anticipate the discussions which will, no doubt, take place on the provisions of that Bill.

LOCAL AUTHORITIES (GRANTS).

Mr. RENDALL: 72.
asked the President of the Board of Education whether be has
received a resolution from the Gloucestershire Education Committee protesting against the decision of the Board to exclude in the calculation of their deficiency grant to local education authorities from 1st April, 1927, the equivalent of the substantive grants paid by the Board to the non-provided secondary schools and against the proposals leading thereto during the next five years, since the effect must be either to add a heavy burden to the local rates or to deprive the schools of essential aid which they receive from the authorities and without which it will be impossible for the governors to carry on the schools; what course he proposes to take; and whether he proposes to take any action in this matter?

Mr. FISHER: I have received a copy of the resolution referred to. I cannot defend the anomaly under which the Exchequer is liable to bear a larger proportion of the cost of a school which is aided by an authority than of a school which is provided by the authority. The removal of this anomaly will be spread over five years, and I see no reason why the decision of the Government in this matter should be modified.

PERFORMING ANIMALS.

Mr. MALONE: 75.
asked the Secretary of State for the Home Department whether the Government intend to intro duce legislation to carry out the recommendations of the Select Committee on Performing Anmals?

The UNDER-SECRETARY of STATE for the HOME DEPARTMENT (Sir John Baird): The recommendations of the Select Committee are being carefully considered, but I am not in a position at present to make any statement as to the intentions of His Majesty's Government.

GOVERNMENT DEPARTMENTS (TEMPORARY CLERICAL STAFF).

Mr. W. GRAHAM: 76.
asked the Chancellor of the Exchequer whether his attention has been called to the proposed reductions in the salaries of the temporary clerical staff from 1st June; whether wages from 55s. to 75s. weekly are all subject to reduction by 7s. 6d., with lower reductions as applied to lower
wages; whether anything can be done to secure a fairer grading of the reduction between 55s. and 75s., as the present proposal unduly penalises the staff on the lower limit; and whether, in view of the fact that a reduction was made as from 1st February last and that the cost of living has dropped only seven points in the interval, the present reduction can be reconsidered, especially as the temporary staff never enjoyed the cost-of-living sliding scale as applied to the permanent staff?

The CHANCELLOR of the EXCHEQUER (Sir Robert Horne): As stated in reply to a question from the hon. Member for Kirkcaldy (Mr. Kennedy) on the 31st ultimo, the rates of remuneration payable to the temporary clerical staff are at present under consideration by a Committee of the National Whitley Council for the Civil Service, and no decision has yet been reached.

BEER DUTY.

Lieut.-Colonel POWNALL: 77.
asked the Chancellor of the Exchequer what were, for the financial years ending 31st March, 1914, and 31st March, 1922, the total number of barrels of beer on which duty was paid and the sum received in respect of duty for each year?

Sir R. HORNE: The total number of standard barrels of home-made beer on which duty was paid, and the sums received in respect of duty in the financial years ended 31st March, 1914, and 1922, respectively, were as follow:

—
Quantities on which duty was paid.
Net duty received.



Standard Barrels.
£


Year ended 31st March, 1914.
35,864,291
13,622,971


Year ended 31st March, 1922.
24,351,970
121,844,583

INCOME TAX.

Mr. LAWSON: 78.
asked the Chancellor of the Exchequer whether a British subject is able to escape United Kingdom Income Tax by investing his capital in
foreign securities and by living for more than six months in each year of assessment in the Isle of Man, the Channel Isles, or elsewhere outside the United Kingdom; and, if so, if he will say what steps the Government propose to prevent this method of tax evasion?

Sir R. HORNE: The position under the existing law is, broadly speaking, that an individual, whether or not a British subject, is chargeable to Income Tax, as a resident in the United Kingdom, if he resides here for six months or more in any year of assessment, or, if he maintains a residence here, unless he is abroad for the whole year of assessment. Further, a British subject is similarly chargeable if, being usually resident in the United Kingdom, he happens to be abroad temporarily. The question whether or not the British subject in the circumstances described by the hon. Member is liable to United Kingdom Income Tax depends, therefore, upon the facts of the particular case.

REVENUE (TOBACCO AND BEER).

Mr. LAWSON: 79 and 80.
asked the Chancellor of the Exchequer (1) why the Customs duties on tobacco are estimated to produce only £47,295,000 during the current financial year, although they produced £55,199,000 in the year to 31st March, 1922;
(2) why the Excise duties on beer are estimated to produce only £94,480,000 during the current financial year, although they produced £121,865,000 in the year to 31st March, 1922?

Sir R. HORNE: As I explained in my Budget Statement, the reduction in the Budget Estimates of Customs and Excise duties, including the beer and tobacco duties, as compared with last year's receipts, was in part due to the fact that they relate only to Great Britain and Northern Ireland instead of the whole United Kingdom, as previously, and in part to anticipated fall in consumption based on the experience of the previous three or four months.

CANAL BRIDGES (HEAVY TRAFFIC).

Mr. JAMES WILSON: 70.
asked the Parliamentary Secretary to the Ministry of Transport whether his attention has
been called to a special notice issued by the Company of Proprietors of Stour-bridge Navigation to the owners and users of locomotives and heavy motor cars to the effect that their canal bridges were built to deal with road traffic, as was usual in 1780, and that they are therefore unable to give permission for their bridges to be used for the passage of locomotives and heavy motor cars; and whether, in view of the serious effect this decision will have in retarding the establishment of an efficient road service, he will take steps to ensure that such bridges are strengthened sufficiently to ensure the safe passage of the ordinary modern vehicle?

The PARLIAMENTARY SECRETARY to the MINISTRY of TRANSPORT (Mr. Neal): My attention has been drawn to the notice referred to. The question of the reconstruction of bridges over canals and railways, which are unequal to the demands of modern road traffic, has for some time been engaging the attention of the Ministry. Every encouragement is given to highway authorities to submit schemes for the strengthening or reconstruction of such bridges, in conjunction with the companies or persons responsible for their maintenance, and I am prepared to entertain applications for grants from the Road Fund towards the expenditure to he incurred on approved schemes of this nature.

TELEPHONE SUBSCRIBERS (DEPOSITS).

Mr. HURD: 73.
asked the Postmaster-General what was the total sum, on 31st March last, of the deposits in his hands in respect of subscribers' accounts for telephone services; and what is the justification for this system of deposits in the case of local authorities, the risk of whose default is negligible?

The POSTMASTER-GENERAL (Mr. Kellaway): The total amount held on deposit at the 31st March, 1922, was £1,441,000. The deposit usually represents approximately two-thirds of the credit given for calls, and the present system of payment is more favourable to subscribers than the previous arrangement,
under which all local calls were paid for in advance and trunk calls, against which a deposit was held, monthly in arrear. Deposits are required, not merely as security, but in order to finance the service during the period for which credit is given.

Mr. HURD: Will the right hon. Gentleman say whether it is not a fact that the ratepayers use the interest on this money?

Mr. KELLAWAY: If that be a fact, the fact that we are giving credit for a much larger amount than the amount on deposit is a fair set-off.

Major HOWARD: Is it a fact that the right hon. Gentleman's Department demand a deposit from a good many local authorities to whom his Department owe large sums of money; does lie not think that that is somewhat unfair; and will he not look into it?

Mr. KELLAWAY: I must know what are the facts. I cannot accept the premise.

NEAR EAST (ALLEGED MASSACRES).

Mr. O'CONNOR: (by Private Notice)
asked the Under-Secretary of State for Foreign Affairs whether his attention has been called to a telegram from the Patriarch of Constantinople, dated 10th June, announcing that two massacres of Christian women and children have taken place at the Pontus; that a fortnight ago 1,300 women and children from Samsoun were forcibly removed to the interior and were all massacred near Kayak; and whether he has any confirmation of these massacres from the British authorities on the spot?
I understand my hon. Friend did not receive notice of this question in time, though I sent it very early—

Mr. HARMSWORTH: indicated assent.

Mr. O'CONNOR: Therefore I will repeat it to-morrow.

NEW MEMBER SWORN.

Brigadier-General HOWARD CLIFTON BROWN, for the County of Berks (Newbury Division).

SELECTION (STANDING COMMITTEES).

STANDING COMMITTEE B.

SIR SAMUEL ROBERTS reported from the Committee of Selection; That they had discharged the following Members from Standing Committee B: Mr. Foot, Mr. Hayward, Mr. Reid, and Lieut.-Colonel Royds; and had appointed in substitution: Mr. Briant, Mr. Kenyon, Colonel Sir Alexander Sprat, and Sir Douglas Newton.

Report to lie upon the Table.

MERCHANT SHIPPING (VENEREAL DISEASE) (No. 2) BILL.

Order for Second. Reading To-morrow read, and discharged; Bill withdrawn.

Orders of the Day — LAW OF PROPERTY BILL [Lords].

As amended (in the Standing Committee), considered.

Lieut.-Colonel WHELER: In view of a communication I have received from the Solicitor-General, I do not propose to move the new Clause standing in my name on the Order Paper (Amendment of 27 & 28 Vie., c. 114, is. 25 & 26).

NEW CLAUSE.—(Alimentary trusts.)

(1) Where any income (including an annuity or other periodical income payment) is directed to he held on alimentary trusts for the benefit of any person (in this Section called "the principal beneficiary") for the period of his life or for any less period then during that period (in this Section called the "trust period") the said income shall, without prejudice to any prior interest, be held on the following trusts, namely:—

Upon trust for the principal beneficiary during the trust period or until he (whether before or after the termination of any prior interest) does or attempts to do or suffers any act or thing or until any event happens (other than an advance under any statutory or express power) whereby if the said income were payable during the trust period to the principal beneficiary absolutely during that period he would be deprived of the sight to receive the sense or any part thereof, in any of which cases, as well as on the termination of the trust period, which first happens, this trust of the said income shall fail or determine;
(ii) If the trust aforesaid fails or determines during the subsistence of the trust period, then, during the residue of that period, the said income shall be held upon trust for the application thereof for the maintenance, support, or otherwise for the benefit of all or any one or more exclusively of the other or others of the principal beneficiary and his or her wife or husband, if any, and his or her children or more remote issue, if any, as the trustees in their absolute discretion, without being liable to account for the exercise of such discretion, think fit, or, if there shall be no wife, husband, or issue of the principal beneficiary in existence, then for the maintenance, support, or otherwise for the benefit of all or any one or more exclusively of the other or others of the principal beneficiary and the persons who would, if he were actually dead, he entitled to the trust property or the income thereof or of the annuity fund, if any, or arrears of the annuity, as the case
384
may be, as the trustees in their absolute discretion, without being liable to account as aforesaid, think fit.

(2) This Section only applies to trusts coming into operation after the commencement of this Act, and shall have effect subject to any variation of the implied trusts aforesaid contained in the instrument creating the trust.
(3) Nothing in this Section shall operate to validate any trust which, if contained in the instrument creating the trust, would be liable to be set aside.—[Mr. Dennis Herbert.]

Brought up, and read the First time.

Mr. D. HERBERT: T beg to move, "That the Clause be read a Second time."
The object of this very long Clause is to be able to express in simple words what are alimentary trusts, and to be enabled to include in a document, by means of the simple words "alimentary trusts," certain provisions usual in our practice at the present time which are set out in the proposed new Clause. It is a Clause to deal with money which is settled for the benefit of some persons who, in ordinary language, are not to be trusted with money, and the only way to do that at present is to give discretionary powers to the trustees, under which they, in effect, allow money to the beneficiary from week to week or month to month, as the case may be. I am sure some of my Scottish Friends in the House will be gratified that we have been able to find at least something in Scottish law that is worthy of being copied in this country. This simply brings into English law what. I believe, is commonly known in Scotland as an alimentary trust.

Mr. BUTLER LLOYD: I beg to second the Motion.

The SOLICITOR-GENERAL (Sir Leslie Scott): I have carefully considered this proposed new Clause in consultation with those who understand the subject a great deal better than I do, and I am satisfied, from what I have been told, that this is a Clause which I ought to recommend the House to accept. It is purely permissive. It follows what is a. common form in English documents today, and, as the hon. Member who moved it said, it is well recognised in Scottish Law. If the cautious folk across the Border think the Clause is safe, and,
after experience, have adhered to it as part of their law, I do not think we shall he very rash in accepting it.

Question put, and agreed to.

Clause read a Second time, and added to the Bill.

CLAUSE I.—("Legal estates" and "equitable interests," and repeal of the Statute of Uses.)

(4) A. legal estate shall not be capable of subsisting or of being created in an undivided share in land, and in this Part of this Act "land" does not include an undivided share therein unless the context so requires.

Sir THOMAS BRAMSDON: I beg to move, to leave out Sub-section (4).
Perhaps I may be allowed to explain shortly the situation with regard to undivided shares in land. There are two kinds of shares in freehold land. One is what is called a "tenancy in common," and the other a "joint tenancy." The meaning of the words "tenancy in common" is that each owner possesses the entirety of the whole land, and if any one of them dies, that share of the land passes to his executors or trustees. Each owner, as it were, is entitled to the whole of the freehold land. The meaning of "joint tenancy" is altogether different..Each is entitled to the whole land, but upon the death of one it passes to the survivors. It is proposed to do away with the whole of the tenancy in common, that is, the undivided shares in land, and' that, I suggest, is a mistake. I see no reason why this old law, which, I venture to say, works so satisfactorily, should be done away with by this Bill. There is an impression abroad that you will be able to transfer land on the same principle that you transfer stocks and shares, but that, I think, has been proved to he a fallacy. So great an authority as Lord Haldane has said that it cannot be placed on the same footing, and as that, except for the point I will mention in a moment, is the only sound argument for doing away with these undivided shares in land, I think I am right in the view I hold that these undivided shares, shared in common, should be allowed to remain part of our law.
Let me give the reasons. If more than two persons purchase land, and it is conveyed to them, each becomes legally possessed of the whole, and no legal dealings can take place with the land without the consent of all the persons if one dies, his share passes to the executors or trustees, and it is a powerful security. Each person can mortgage his share in the land, and transfer the legal ownership to the mortgagee, and it forms a splendid security. Now if this tenancy in common be done away with, and it is turned into a joint tenancy, then trustees will be set up, if you wish to have separate ownership, and here is my first very strong point. It is a great mistake and disadvantage, that instead of having one simple deed, you have in the one case to have a deed conveying absolute ownership, which will pass under joint tenancy, instead of having that firm security which the other will give. In cases of partnership this is very important. Of course, in a well-drawn partnership deed, you set out trusts in the partnership, but lots of enterprising people, and young people in a small way, start business and become successful. They buy land, and have it conveyed to two or three of them, and it is conveyed as tenants in common. They, perhaps, have no partnership deed at all. The matter is too small, or, if they have a partnership deed, it is an imperfect one.
4.0 P.M.
What happens? These young persons prosper. They buy land, and for a long time—perhaps altogether through their career, until they get fairly well advanced in age—there is no deed of trust set up. That tenancy in common, the method of transferring the land by that principle, is the finest security these young people could have. Instead of that, you now convert these undivided shares into a joint tenancy, and the trust, as I say, will have to be created, and, if at the time of the passing of this Act, there are a number of cases in which there are these tenancies in existence, they become ipso facto converted into joint tenancies, and they pass over to the survivors. And so you alter this whole system which has proved so satisfactory for a long time. Under the Bill, all these undivided shares will no longer become legal. They will become equitable. They will automatically become transferred to trustees, and, if more than four persons are owners of the estate of the tenancy in common the legal estate
passes over to the Public Trustee. I do not want to make my points too technical, nor my speech too long, but I do suggest that in connection with this matter the Public Trustee is brought in unnecessarily. I know what my hon. and learned Friend will say. He will say that in the majority of cases it will be only a nominal arrangement, but I think he will find that it will be an arrangement which will not be appreciated if automatically these cases which are set out in detail in this particularly complicated Bill and especially in the Third Schedule pass over to the Public Trustee as trustee. What is the objection? I know what my hon. and learned Friend will say. He will say that the objection to this is that sometimes people who own these undivided shares go to the Court because they cannot agree. They agree all very well when things are prosperous and when there is no necessity to interfere with the arrangement, but, when there is trouble, when perhaps there is a death, or when there are cantankerous people, sometimes they have to go to the Court with a partition action. May I say that the number of partition actions has been very much exaggerated? I have been in practice as a solicitor for 44 years, and I suppose that it will hardly be credited when I say that during the whole of that time I have never had occasion to go to the Court with a partition action. I do not think that my experience is singular. I think it will be found that there are a large number of practitioners who have been as long in practice as I have and who have not had a partition action. If things go wrongly, people get litigious and go to the Court. Different rights are represented in the action, and a great deal of expense is incurred. That expense is unwarranted, and I think the Judges of the High Court ought to do what they can to stop the waste of money in costs which are incurred unnecessarily and without any justification in these partition actions. How is that to be done? Either by a, sale of the land, which is often ordered to get over the difficulty, or by taking other measures to settle the questions which arise in connection with these partition actions Many persons are represented in these partition actions who ought not to be represented. If it
were desired to meet this system, which is a very efficient system and has worked so satisfactorily and so long for the benefit of people who go and speculatively buy a piece of land jointly, it would not be a difficult job for the draftsmen of this Bill to make arrangements by which the difficulties could be got over and the matter settled.
There is one other point in connection with partition actions. I put down a question as to the number of partition actions which had been entered during specified years, mentioning the three years before the War and the last three years. The answer was that it was impossible to get the information because it would involve such an amount of trouble that they could not undertake it. Why is it that there is an impression among certain people that there are a large number of partition actions? It arises in this way. The matter comes up for the consideration of the Court again and again, and, too often, it is shelved and put aside. People think that there have been a dozen actions when all the while there has been only one. There cannot be any doubt in my mind as an old practitioner that, where these is a desire on the part of the legislature to do away with burdensome expense it is our duty to do so, hut, on the other hand, where it is desired, as I think it is desired here, that a system of conveyancing, and of ownership and of transfer, which is so beneficial and works so satisfactorily as does this system of tenancy in common, should continue to exist, I think it is a pity that, it should be done away with.

Mr. FOOT: I beg to second the Amendment.
Only a word is needed from me to support the Amendment moved by my hon. Friend. I would call the attention of the Solicitor-General to the fact that this proposal was not contained in the Real Property and Conveyancing Bills introduced from time to time by Lord Haldane. In none of those earlier Bills was this proposal. It first appeared in the Bill of 1920, so that it is not an essential part of the scheme for the alteration of the real property law. It is a later suggestion, and I submit that is not a wise suggestion. The holding of property in common is quite a usual form of procedure. It has been adopted
in hundreds and thousands of cases throughout this country, and the fact that it has been adopted in so many cases is, surely, a very strong argument for its continuance. All over the country partners have acquired property in this way, and it will come to them with very great surprise when this Bill comes into operation on 1st January, 1925, to find that they have been deprived of the legal estate in their property; and it will come with even greater amazement to the mortgagees concerned when they learn that, although they have mortgages upon partnership property which is held by tenants in common, their legal estate as mortgagees has passed entirely out of their hands and that their interest is restricted simply to a claim upon the purchase money on sale. Generally, property that is purchased by partners and held by them in undivided shares is not purchased for speculative purposes but for business or family purposes, and the difficulty, as my hon. Friend says, is that this is an attempt to do the impossible. It is an attempt to assimilate real and personal property and to make the dealing in real property similar to the dealing in stocks and shares. Of course, if stocks and shares are held by half-a-dozen individuals they can be easily divided, but that does not apply to land. Under the Third Schedule the property will become vested in the Public Trustee in a large number of eases. This will apply if there are more than four co-owners, if an owner of any share is not of full age, if an owner is not beneficially entitled, or if there is any undivided share which is not free from encumbrances. A great many properties held as tenancies in common at present will come within one of those four categories; it will bring about an immense change.
I suggest that the Amendment does not strike at any vital part of the Bill. If undivided shares are allowed to continue the Bill will remain in all its essential features undisturbed. The only effect will be to shorten the Bill and simplify its terms, but, if the Solicitor-General be obliged to insist upon the retention of this Sub-section, it will mean an unnecessary disturbance as coon as the Bill passes into law. I hope, having regard to the fact that it was only a later suggestion and was not contained in the earlier Bill, he may at any rate be able to see his way
to drop this Sub-section, carrying with it certain consequential amendments. It will, at any rate, make the Bill so much shorter, and I assure him that the Amendment is not proposed in any obstructive spirit or with any desire to strike at any real, vital part of the Bill, but is genuinely put forward as being a simplifying proposals.

Sir L. SCOTT: Let me be frank with the House. This Amendment raises one of the first principles of the Bill, and it is an Amendment to which I could not possibly accede. One of the main principles of the Bill, as I explained to the House on Second Reading, is to get rid of different legal estates, as, for instance, life estates, and a common principle is to get rid of the division of one estate, so to speak, by a series of vertical divisions into a number of shares one by the side of the other. It is undoubtedly the fact that the system we have in our law to-day of having undivided shares, that is to say, an aliquot part of an undivided whole, is one that leads to very great complication in conveyancing work. You have to get all the parties interested and all the owners of the shares to concur in dealings in the land or you have to go to the Court with a partition action. The Mover and Seconder of the Amendment say that they have not come across partition actions in practice. The Seconder said that there were not as many partition actions as is supposed, because one partition action goes on for a long time.

Mr. FOOT: I think the hon. and learned Gentleman is attributing to me words which I did not utter.

Sir T. BRAMSDON: I said it.

Sir L. SCOTT: Let me render tribute where tribute is due. There was one well-known action in the course of our English history which lasted a very long time, and it was not beyond criticism. It was the case of Jarndyce, v. Jarndyce.

Sir T. BRAMSDON: That was not a partition action.

Sir L. SCOTT: I did not say that it was, but T do say that one action may last a long time, and may involve a great deal of legal costs. The mere fact that the actions are few in number may easily be compensated for if each action lasts a long time. The conveyancing counsel whom I have consulted in the matter say
that undoubtedly in many cases within their knowledge an estate has been used up in a partition action, so that there has been nothing left for the ultimate beneficiaries. That is the type of thing that one wants to prevent happening, because, when it does happen, even if it happens only very rarely, it is a grave scandal, and the proposal to get rid of undivided shares was for the purpose, inter alia, of getting rid of that particular scandal. Another object in getting rid of undivided shares is to shorten conveyances. One of the reasons why the transfer of land to-day is so costly is that so many documents have to be drawn up, and the purpose running all through this Bill, through every page of it, is to do everything possible to shorten the documents that lawyers have to draw up for people who want to deal in land. The shorter the documents, the less the lawyers will be needed, and the less they will be able to charge. That is a fundamental object of this Bill. There is not the shadow of doubt that the getting rid of legal undivided shares will, in the end, substantially help in shortening conveyancing documents.
It is true that this particular proposal had not been made before in Parliament before the Bill of 1920—and let me say at once that it was the Committee over which I had the honour to preside which invented the reform. The Seconder of the Amendment pointed out that it was not contained in Lord Haldane's Bills of 1913 and 1914. I agree, but when it was put forward it was one of the proposals of the Bill which emanated originally from my Committee, and it was welcomed by many specially concerned. This proposal, which is essentially a technical legal question affecting the law of real property and the system of conveyancing, was discussed very closely and very fully by all the leading lawyers in the other House—Lords Haldane, Buckmaster and Cave—and they all approved of this proposal. The Law Society has approved of it. I believe that practically speaking 99 per cent. of the legal opinion in this country considers this a sound reform.
It was one of the points I made on the Second Reading, a point of principle which was discussed very fully in Committee upstairs, and it has been discussed several times in the House of Lords. My submission is that the House ought not
now to make the Amendment proposed, which will eliminate one of the important reforms of the Bill, introduce a great deal of complication, involve a great many consequential alterations in different places through the Bill, and will not do the good which the Mover and the Seconder suggest it will do. The hon. Member who seconded said it would affect cases of partnership. I very respectfully suggest to him that he is under a misapprehension. Partners, as a rule, are in law joint tenants, and in equity tenants in common. They will remain, in regard to their beneficiaire interests after this Bill is passed, in exactly the same legal position as they are to-day.
As regards the question of trustees, if in any cases the land devolves upon the Public Trustee as the result of the passing of this Bill he will hold it as a mere automatom, and it will pass from him to the Trustees appointed under the powers of a settlement. As a result the land will be held beneficially for those interested. A question was raised about the mortgagee. I venture to say that as security for money advanced a share in the proceeds of the sale of the whole is a better security than the security of the proceeds of the sale of a share.

Amendment negatived.

CLAUSE 64.—(Application of Capital Money.)

(2) In addition to the aforesaid modes capital money may, after the commencement of this Act, be applied in financing any person who may have agreed to take a lease or grant for building purposes of the settled land, or any part thereof, by making advances to him in the usual manner on the security of an equitable mortgage of his building agreement.

(3) This Section applies to settlements coming into operation either before or after the commencement of this Act.

Sir J. BUTCHER: I beg to move to leave out Sub-section (2).
The Clause deals with the application of capital moneys, that is to say, with the proceeds of sale of settled land which ought to be preserved, not merely for the tenant for life who has a life interest, but for the remainder man who will get the capital after his death. That is the essential of every settlement. Starting from that, therefore, think everyone will agree that any mode of application of these moneys should be
safe, not only in: the interest of the tenant for life, but of the remainder man; and anything likely to affect prejudicially the remainder man, in the way of insecure investment, and so on, ought not to be allowed. Under the original settled Act of 1882 great care was taken to ensure that that result should be attained. Now we have a new method of applying these capital moneys laid down in this Bill, and the mode authorised in Sub-section (2) of the Clause, I think is a very dangerous one. For that reason I propose to leave it out. It reads as follows:
(2) In addition to the aforesaid modes, capital money may, after the commencement of this Act, be applied in financing any person who may have agreed to take a lease or grant for building purposes of the settled land…
In other words, capital moneys arising out of the sale of the estate, or any part of it, may be applied in financing builders. That is a most dangerous thing to do. May I remind the House that it is not as if we bad to take to Court any application of the sort. In these cases the money can be applied in accordance with the Act—if this Bill becomes an Act—by the tenant for life with the concurrence of the trustees, so that if you have a tenant for life who is of, say, a speculative nature, or possibly ambitious, and thinks he can develop a great building estate, and if he gets easy-going trustees or trustees simple-minded enough to allow him to do so, then these persons, acting together, can sink the whole or a large portion of the capital money of the estate in financing builders.
May I point out what will happen? It happens every dry, or used so to do when building was more favourable for the use of capital moneys than it is now. it might very well be that a builder may build a quarter of the houses arranged for, and for some reason or another not go forward, the result being that those concerned would find themselves in this position: they would either have to get a new builder to take a new contract in order to complete the old one, or find the money themselves in order to make the houses habitable. That is a very great danger. May I point out to the learned Solicitor-General that this is entirely a new mode of application, and I think an application
of capital moneys which goes far beyond anything ever sanctioned in the original Act. If such a power is desirable—and it may be, and I think is desirable in many cases—well and good. You will find it in the larger cases of the settlement of property. Therefore, in the case of large properties where building schemes of this sort are necessary, you invariably find it provided for in the terms of the settlement. That is quite right. A man who prepares a settlement can do what he likes providing he does not go beyond the law, and he can put any provision he likes into a settlement. But it is a very different thing when a settlement does not contain such a clause for the Legislature to say: We give the power to the tenant for life and the trustees to risk these moneys by financing builders.
Perhaps the Solicitor-General would meet me as far as this. I should be prepared, in deference to what the House might consider in the matter, to withdraw my Amendment, if the hon. and learned Gentleman can say- that he would, in Sub-section (2), after the word "Act" ["commencement of this Act."], insert the words "with the leave of the Court." That would get over a greater part of my objection, if not the whole, because then we will have this security, that where it is desirable to lend money to a builder to build on an estate the parties would go to the Court and get the sanction of the Court, which would only be given in a proper case. The scheme would then go through. Let me add this. People talk about an application to the Court as though it was desperately expensive. Applications to the Courtunder the Settled Land Act, 1882, are exceedingly cheap. The hon. and learned Gentleman opposite will bear me out when I say that under the Settled Land Act you can get the sanction of the Court to proposals of this sort, and get the whole thing through for about £35 to £40. If you are going to finance a builder, that is a very small sum of money in view of the probable expenditure in order to have a safe and secure mode of application. I would suggest to the hon. Gentleman that he can meet me in this matter of what I venture to think is a serious objection to the Clause as it stands by saying that this power shall not be exercised without the leave of the Court.

Mr. REID: I beg to second the Amendment.
I would point out to the learned Solicitor-General that the application of moneys of this kind is bound to be a speculative undertaking. If the builder is a substantial builder and a man of good credit he can raise the money otherwise. We do not want to authorise people to enter upon risky speculations of trust moneys. One can emphasise this matter if one has any acquaintance with conveyancing, and we could get further evidence bearing upon this point. But I think the matter is clear to everyone who understands the general position. The development of an estate is by no means a safe form of speculation. Again, hon. Members may remember the very well-known and very scandalous cases of the failure of solicitors about 20 years ago. These caused great consternation. A great deal of trust money disappeared. I think I am right in saying that almost every one of these failures was caused by the solicitor having made advances out of trust funds to builders for the purposes of opening up estates. I would beg the Solicitor-General to attempt to meet my hon. and learned Friend who has moved this Amendment. One cannot help feeling that this is a power which ought not to be given in this way. Trustees sometimes take their duties rather lightly, and they are sometimes overborne by stronger minded men, and I think further protection is needed.

Sir F. BANBURY: I supported the Second Reading of this Bill on the understanding that there was to be no danger to trust money. I think this Clause seriously endangers trust money. It has just been pointed out that you could not have a more speculative investment than that of advancing money to builders to develop estates. Two or three cases of startling failures are recorded in this respect. What is the main object of a trust? It is to ensure that the capital amount of the trust shall not be diminished. By a Clause of this kind, however, you are inviting trustees to enter into a speculative business with the almost certain knowledge that very serious pecuniary capital losses may arise. Sub-section (3) of this Clause says:
This Section applies to settlements coming into operation either before or after the commencement of this Act.
The effect of this proposal is that Subsection (2) of this Clause will come into operation with regard to settlements made before the commencement of this Act. I am very much concerned about this proposal, because there is a considerable number of people who never would have thought of putting such a provision in the trust. Surely the Government are not going to bring in a Bill of this sort and insert a Clause of this kind, which interferes with and actually destroys the very intentions of the trust. I have not opposed this Bill, and I promise not to oppose it, but nevertheless that this is a most dangerous Clause, and I hope the Solicitor-General will, at ally rate, if he cannot leave this Clause out, leave out Sub-section (3). With regard to what has been said about a substantial builder, if you have got such a builder you do not want this Clause. This Clause is only required in the case of a speculative builder who is desirous of embarking for unknown reasons upon a scheme of this sort, and the only way he can get the money is by persuading the tenant for life that he can make a considerable increase in his income by lending money for this purpose. For these reasons I make a very earnest appeal to the Solicitor-General to pot in some sort of Amendment which will preserve the right of the tenant for life to say whether or not he wishes to his money invested in this way.

Sir L. SCOTT: If the epithets which have been applied to this Clause were deserved, I should certainly accept the Amendment, but I want those who have addressed the House on this Clause to consider one or two aspects which appear to have escaped their attention to some extent. In the first place, the tenant for life, in seeking to apply capital money to building purposes, is in a fundamentally different position to the man who is financing a builder for building on somebody else's land. In this ease the building is being done on his own land, thus increasing the value of his land, and if the builder goes bankrupt he will forfeit any unpaid instalments that have not accrued due, and any advance in the value of the land will go to the benefit of the estate. In the case where failures have occurred they have been financing builders who have been building on land belonging to somebody else.
The second point is that before the tenant for life can get the money from the trustees he has to satisfy them that they can lend the money in accordance with the provision's of the Trustee Act, 1893. Section 8 of that Act provides that a trustee cannot with safety lend money to be expended upon such investments as building unless before lending it he has a report from a qualified surveyor and valuer in the first place as to the value of the property. Then the valuer must he a person whom he reasonably believes to be an able and practical surveyor or valuer, not instructed or employed by any owner of the property. Secondly, he must be satisfied that he is making a loan in accordance with the advice of the surveyor or valuer. Thirdly, he is not allowed to advance more than two-thirds of the value put upon the land by the valuer. Those are the provisions of Section 8 of the Trustee Act, and all these preliminary safeguards have to be satisfied before the trustee can advance any money at all.

Sir F. BANBURY: Does the Solicitor-General really mean that there is no danger of loss because the building is taking place on his own land? Suppose I am the tenant for life, and I advance to a builder, say, £500 to erect a house, it being understood that certain walls have to be put up before I pass on the money, and that I only advance the balance when the roof has been placed on? Suppose the builder finds that he has made a mistake, and he fails, what has happened? I find myself in possession of part of a house with no roof on it. What am I to do? The result would be I should have to find more money to finish the building.

Sir L. SCOTT: I quite appreciate the right hon. Baronet's point. I know that is the kind of thing that does happen from time to time, but it is not usual, and when it does happen it invariably happens that you have in hand, out of the moneys that would have been paid to the builder who fails, sufficient to pay any extra cost in getting another builder to complete the work. As a rule, the loss is a very small one, and a long way less than the one-third which you do not advance. So much as to the safety or unsafety of doing this.
Let me add this: Ever since 1909, for a reason which some people say was not
unconnected with the Finance Act of that year, there have been difficulties in getting buildings erected in this country, and arm result of this has been that a Clause on these lines, ever since 1909, has very often been inserted into wills and settlements in order to give the tenant for life power to go to the trustees and get money advanced for the purpose of building on his estate. This Clause has now become very common. Here I am not acting only on the small amount of knowledge that I personally possess on this subject, but I am advised, and those responsible for this Bill have been advised, by a very large body of opinion competent to judge upon these matters, including Chancery Judges, and particularly the late Mr. Justice Petersen, that these powers, which are now being habitually inserted, may properly be incorporated in the Bill as dart of the act of a tenant for life.

Sir J. BUTCHER: I would like to ask if the late Mr. Justice Petersen ever expressed an opinion as to the powers of this Clause being exercised without the consent of the Court?

Sir L. SCOTT: I am afraid that I cannot answer that question. I do not mean that the late Mr. Justice Petersen was dealing with this particular Clause, but what I say is that, on the broad question of principle of provision for the express purpose of facilitating by law what is the experience of everyday life during the last decade and what is considered desirable, that has been approved by a very large body of competent opinion in the profession. For that reason I cannot help thinking that the fears that have been expressed about this Clause are unfounded. As regard the suggestion made by the Mover, that this power should be subject to the leave of the Court, if it were only one application costing £35 or £40, of course, it would be a reasonable suggestion that we should put it in, but, as I understand the Clause, there would have to be not one application, but an application many times over each time an advance had to be made for any specific building. I do not see any other way in which the words suggested by my hon. and learned Friend can be read. As I understand those words, they mean that whenever an advance is to be made of this kind the person making the advance
must go to the Court and get leave for so doing.

Sir J. BUTCHER: May I suggest a reason for my action? The landowner who enters into an agreement with the builder to grant a lease of 10 or 20 acres of land would go to the Court and say, "I propose to give the builder this lease and to make him certain advances accordingly as houses are built on the land." Surely that would only involve one application to the Court?

Sir L. SCOTT: That would mean preparing a scheme under Section 26 of the Settled Land Act, 1882, and it would be a very elaborate business indeed, involving the employment of an architect and of quantity surveyors and the preparation of plans at an expense far exceeding the £35 which would be the cost of applying to the Court. It is to get rid of the necessity for that kind of extravagance which, in 999 cases out of 1,000, is not really required, having regard to the overriding protection of the Trustee Act, 1893. Since my hon. Friend spoke just now, I have ascertained that this particular Clause was before the late Mr. Justice Petersen, who went through the whole Bill, line by line, during many weeks, and who raised no objection whatever to this Clause. I ask the House to reject this Amendment.

Sir D. MACLEAN: I hope that the House will support the Solicitor-General in the position he has taken up. I can say, in addition to the authorities he has quoted, that this part of the Bill received very special attention at the hands of the Council of the Law Society. If caution be enshrined in its extremist form in any consultative body of people, it will be found in this Council of the Law Society. The members of the Law Society who took special charge of this part of the Bill were some of the ablest conveyancing authorities in the solicitors' branch of the profession in the whole kingdom, and we can therefore be quite sure that this proposal has been most carefully examined by men who are extremely cautious in their outlook, and who, in addition, have had an immense amount of practical experience, and certainly in the case of two or three of them forty or fifty years' actual practice
in matters of this kind. I can therefore assure hon. Members, who may feel that this is going too far, that the proposal is supported, not only by the authorities whom my learned Friend has quoted, but also by the authority of men who have been in daily practical contact with this kind of work and who hold the very highest status in this branch of the profession. Certainly this Bill does not err on the side of rash experiment. If it errs at all it is on the side of caution.

Lord EUSTACE PERCY: I would like to ask the Solicitor-General one question. Are we right in understanding, in view of the wording of Sub-section (2), that this particular Sub-section which we are now discussing would have the effect of overriding a settlement which contained a definite prohibition of the use of the money of the estate for this purpose? Would it override a definite prohibition in a settlement drawn up years before the passing of this Bill?

Sir L. SCOTT: The whole principle of law reform embodied in the Settled Land Acts has been to forbid wills and settlements preventing the utilisation of the land in a way which Parliament has thought desirable, and necessarily the effect of a provision enabling an individual to contract himself out of the Act would be to stultify the provision itself.

Sir F. BANBURY: May I point out that what we are desirous of doing is not to prevent land being used for building purposes—for there can be no objection to that—if a builder comes forward with sufficient money for the purpose, but what we do object to is that the money for the actual building should be taken out of the corpus of the estate and used for that purpose.

Lord ROBERT CECIL: I hope my hon. and right hon. Friends will not continue their opposition to this Sob-section. I cannot help thinking it is a valuable Subsection. Take the case of a landowner who desires to build cottages on his estate. Nothing is more common than the difficulties he is put into in finding capital for such a purpose.

Sir F. BANBURY: If my Noble Friend will look at the next Clause, Sub-section (1), he will see that it gives power to
build houses and cottages for persons employed on the estate.

Lord R. CECIL: But that does not meet the case. It may well be desirable to build cottages for the general benefit of the neighbourhood without necessarily confining the occupation of those cottages to people employed on the estate. It is the duty of landowners at the present time to provide cottages on their estates especially in districts near large towns. This Sub-section, as I read it, will greatly facilitate operations of that kind, and they ought not to be retarded by a possible chance of some injury being done, in very unlikely circumstances, to people having an interest in the estate. Such a chance ought not to override a provision which will make it easier to utilise and develop the land. It is really in the interest even of the land-owning class that this provision should be carried. They want to increase the value of their land, they want to make it more saleable and more easily developed. I very much wish that this Bill had gone a great deal further, and had touched mare nearly the root of the matter. Personally, I would have been glad to support a Measure which dealt with land under settlements generally in a much more drastic way than this Bill does. I am satisfied that the Bill is in the interests of everyone concerned in the land. With regard to the point raised by the Noble Lord the Member for Hastings (Lord E. Percy), I agree there is considerable substance in it. Where the terms of a settlement actually forbid any such advance of money, it might be desirable, if possible, to safeguard that particular case, but such cases would be very rare—indeed, I doubt if one could be found. Still if the Noble Lord has any particular case in his mind, where there is a settlement which forbids the use of the money of the estate for this purpose, the Solicitor-General might very well think it a proper case to be dealt with specifically, but as such cases are rare, it can scarcely be 'worth while providing for them in a. public Act. In cases where settlements are silent on this point I am satisfied that the change proposed would be an advantage.

Sir L. SCOTT: May I ask the Noble.Lord the Member for Hastings (Lord E.
Percy) whether he has in mind any particular case of a settlement forbidding this advance?

Lord E. PERCY: I have not.

5.0 P.M.

Sir J. BUTCHER: The Noble Lord the Member of Hitchin (Lord R. Cecil) has spoken as a philanthropist rather than as an owner of land. I think there is a great deal too much philanthrophy at other persons' expense preached in these days, and I could wish that more land was developed at the expense of philanthropists themselves. What the Noble Lord suggests is that money belonging to the remainder man should be spent by the tenant for life in doing philanthropic work. That is a theory which has never entered into our jurisprudence or legislation. It may be desirable from some points of view to socialise the land and to say that men must use it for public purposes utterly disregarding the interests of the remainder man, but that is an entirely new and unheard of theory for dealing with settled land. Therefore, for the moment, I at any rate must disregard the very wide schemes which the Noble Lord appears to have in his mind. The Noble Lord the Member for Hastings (Lord E. Percy) has raised what I venture to think is an extremely important point, namely, whether supposing after the passing of this Act, a man, realising the danger of the ill-judged financing of builders, puts into a settlement a condition that the money of t he estate shall not be spent in financing builders, this Clause would override that settlement. The Solicitor-General has told us that the Bill as it stands, no matter how much the settlor may desire that the money of the estate shall not be dissipated in unwise building, speculations, would override that expression of his intention. In that case you would have this startling result: A mall settles his property. He says, "I do not want it to be dissipated on unwise building." But a builder comes along, and the tenant for life, who possibly may be a philanthropist like my Noble Friend, says, "Oh, but I want to spend money in speculative building for the benefit of the surrounding neighbourhood"; he goes to his trustees and converts them, by eloquence or otherwise, to that point of view, and the whole intention of the
settler is set aside and the money is spent in this way. My right hon. Friend the Member for Peebles (Sir D. Maclean) assumes that those worthy gentlemen, and I have no doubt there are many, who have examined this Bill and who have not expressly spoken of the dangers of this particular Clause—perhaps they have never had it brought to their attention at all—must necessarily approve of it; but really, with a Bill of 300 pages, when some unfortunate person has to read it through and give, his opinion, are we to take it, because he has not seen the dangers of and the objections to a particular Clause, and has not condemned it, that therefore he approves of it I think my right hon. Friend is expecting too much of human nature, even in lawyers. I do not believe that any lawyer lives, or ever will live, who could read a Bill of this sort from end to end and see all the dangers that lurk in it. Therefore, I put aside that suggestion.
The Solicitor-General, apparently, thought that the idea of getting the consent of the Court was not such a bad idea after all, but that it would be too costly. Let me put to him these two points. I say that for a very small cost, namely, that of going to the Court, you turn a dangerous Clause into a safe Clause and, when the Solicitor-General says that you have to go to the Court time after time for the purpose of getting leave to finance a builder, I venture to think be is not right. You enter into an agreement with the builder—and this is a very common form of agreement, such as is made every day—to grant a loan and make advances as the house proceeds, according to the architect's or surveyor's certificate. All that is necessary, in order to get the consent of the Court, is to take this agreement to the Court and ask the Court to sanction it. Only one application is necessary. The thing could be done in a Chancery Judge's Chambers in the course of half an hour, and would only involve one application, certainly not costing more than £35 or £40. Therefore, really the only objection that the Solicitor-General has put forward against getting the leave of the Court, that is to say, that it would require repeated applications and in-
volve great cost, falls to the ground. I do ask him whether he cannot see his way to put in the words that I have suggested, and thus get over what is undoubtedly a danger to the remainder man.

Sir WILLIAM BULL: The hon. and learned Member who has just sat down speaks as though an estate is developed by one builder alone, but, having had some little experience of developing estates round London, I can tell him that that is not the case. In a great many cases 20, or even 30, builders have the property between them, and in practice the land is dealt with in small plots by small builders. I always say that the speculative builder is one of the greatest philanthropists we have ever known, and we miss him very greatly now. If we have to have an application every time a builder applies to a landlord for four or five plots for building small houses, the expense will be something tremendous, and therefore I suggest that we do not oppose this Subsection.

Colonel Sir JAMES GREW: The arguments of the hon. and learned Member for York (Sir J. Butcher) are arguments from the past. They would have been perfectly good against the Settled Land Act, 1882, but, in spite of such arguments, that. Act. was passed by eminent Conservative lawyers of that day; and this Clause is merely a logical development, in the interests of the public, of the principle included in that Act. What are the precautions with which it is surrounded? Both the tenant for life and the trustees will have to agree in deciding whether this is to be done or not, and surely in the national interest, where it is difficult to get money for development in this particular way, the capital money which can only be invested in the land should be invested in houses on the land and made available in this way. The whole development of estates at the present time largely demands some such power, and, with the ordinary precautions which every tenant for life and trustee would exercise, the House will surely consider that we are not running any risk of danger to estates by passing a Clause of this sort.

Lieut.-Colonel HURST: I should like to join in supporting this Sub-section. The Mover of the Amendment, in his reply, insisted on making the same
assumption that he made in his original speech, namely, that there is a great danger to the beneficiaries under a settlement through this Sub-section. He spoke about waste and about the danger to the reversioners, but I venture to think he ignored the point to which the Solicitor-General directed the attention of the House, namely, the great and complete protection afforded to the beneficiary under the Trustee Act, 1893. That is a very real protection. It means that there will be a valuation by an independent valuer, and that not more than two-thirds of the figure at which the property is valued is to be advanced out of the trust estate. As to the point made by the Noble Lord the Member for Hastings (Lord E. Percy) with regard to h prohibition in the settlement of advances of this sort, I think, bearing in mind that the law, as it at present stands, does not contemplate the making of advances of this sort by trustees, that it is contrary to all probability, and, indeed, is almost impossible, that any settlement would have prohibited trustees from committing a specific breach of trust, which could not have been within the contemplation of the testator at a time when the law never regarded such an investment as possible. Of course, there may lie more in the point that settlements are silent on the question of investment, and the objection has been raised that it is wrong of Parliament to override the intentions of a settlor or testator. But that has been done again and again in the history of law. A testator or settlor may make a settlement which breaks the rule against perpetuities, or which is in restraint of marriage, and in other ways he may make dispositions which the law overrides at the present time. Those dispositions are regarded as void, as being contrary to public policy, and the Courts or Parliament there override the intention of the testator.
This Sub-section simply gives effect to the provision which comes later on in Section 65, as to the development of settled land or any part thereof. It provides a means by which cottages or other buildings can be laid out upon the settled land, which otherwise would not be in existence, and, moreover, these improvements are to take effect upon the actual site of the settled land. That being so, it seems to me that
public policy is an element in this question, and the whole public policy for the last half-century or more has been to increase the power of dealing with, developing, and managing land. This is a step in the right direction; it makes persons who have to deal with land infinitely more free than they otherwise would be It helps to relieve the great housing congestion at the present time. It not only applies, as one hon. Member has said, to cottages on great landed estates, but has just as useful an application in the undeveloped districts on the outskirts of great towns, and is equally welcome in that respect. Public policy supports it the interests of beneficiaries are safeguarded and, therefore, it eminently deserves the support of the House.

Mr. REID: rose.—

Mr. DEPUTY-SPEAKER (Sir Edwin Cornwall): The hon. Member has exhausted his right to speak.

Mr. REID: I only want to ask the learned Solicitor-General one question: How does the Trustee Act apply to advances of this kind? I cannot possibly see how it can.

Mr. DEPUTY-SPEAKER: That is an argument.

Amendment negativel.

Sir F. BANBURY: I beg to move, in Sub-section (3), after the word "applies" [''This Section applies"], to insert the word "only."
My object is to amend this Sub-section so that it may read as follows:
This Section applies only to settlements coining into operation after the commencement of this Act.
In my view we should not, under any circumstances whatever, indulge in retrospective legislation. It may be right that the tenant for life should enter into speculative building operations, although personally I do not think that that is the way to promote building or to encourage sales, which, after all, is what we want in this country; but at any rate we ought not to make these alterations in the law retrospective. A large number of people have made their settlements without any idea of a Clause of this sort being nut into an Act of Parliament. It is true that if this Clause is in, people who are going to make settlements in the future
must make what arrangements they can and will know where they are; but to say that if a man has made a settlement in the past, with the understanding that his money shall be invested in such-and. such a way, it shall now be possible, at the will of a foolish or incompetent trustee or of a foolish tenant for life, to advance that money to a builder, who cannot get money anywhere else, for the purpose of building houses as a speculative investment, in these days when houses cost a great deal more to build than they will probably ever realise, seems to me to be absolutely wrong from every point of view.

Sir L. SCOTT: There are two reasons why I cannot ask the House to assent to this Amendment. Firstly, it is contrary to the whole principle of the Settled Land Acts from the start. Let me read the words of Section 51 of the Settled Land Act, 1882, which has been acted upon ever since and which every lawyer in the country has ever since regarded as a great reform. Sub-section (1) of that Section says:
If in a settlement, will, assurance, or other instrument executed or made before or after or partly before and partly after the commencement of this Act, a provision is inserted purporting or attempting, by way of direction, declaration, or otherwise, to forbid a tenant for life to exercise any powers under this Act—
and there are a dozen more lines to the same purport—
that provision, as far as it purports or attempts or tends or is intended to have or would or might have the operation aforesaid, shall be deemed to be void.
That is the principle of these Acts. To accept this Amendment would be to go contrary in one specific power to the whole scheme of Settled Land Acts administration. As to immediate merits, the effect of the Amendment would be to prevent this power attaching under any settlement coming into effect, or which has already come into effect or which comes into effect before the Act comes into operation three years hence. We have a great shortage of houses to-day which will not be made up for years to come. We want to get this building development and we want everything which will facilitate it. To hamper the process of development by striking this power out from settlements
which have already been made and only allowing it for those settlements which are made in the future would be a mistake in existing circumstances.

Sir F. BANBURY: I understand then the reason this Clause is put in, arid the reason my hon. and learned Friend will not accept my Amendment, is that he wants to build houses at the expense of a certain class.

Sir L. SCOTT: I must protest against what is a ridiculous imputation, if my right hon. Friend will forgive the epithet. This expenditure will be made on the settled estate for the development of the settled estate for the benefit of all parties interested in the settled estate.

Sir F. BANBURY: My hon. and learned Friend says there is a shortage of houses which everyone desires to abolish. However, I will not quarrel with him over that point, but it is extremely hard to bring in retrospective legislation in what is, after all, a very serious matter. He has read a Section from the Settled Land Act. My learned Friend below says that does not apply. If you are a lawyer you only have to say one thing and immediately another hon. and learned Gentleman, who is also a lawyer, says he disagrees with his learned brother. That I have found to arise in nearly every case I have had anything to do with, either on a Committee, in the House, or in any other place where I have the pleasure and the privilege of meeting gentlemen learned in the law. You get one hon. and learned Gentleman who says black is white and another hon. and learned Gentleman says politely it is nothing of the sort. Where are we unfortunate laymen who, after all, are the people who are making the trusts and whose property is being dealt with, to come in? I do not believe the Trustee Act comes into operation but we will presume that it really does. The Trustee Act says that if a trustee receives a report from a competent surveyor that certain things might be done he is to do them. We are all men of business. We know how an expert has been described. We know you can get a report from any expert to suit you, and therefore this is no protection whatever. I did not expect this from the Solicitor-General. I really-thought when I moved a reasonable Amendment like this he would certainly accept it. It. is a great shock to me.

Amendment negatived.

CLAUSE 65.—(Amendment of Section, 25 and repeal of Section 26 of the Act of 1882; and power to raise money for improvements and for the Court, or the trustees to impose conditions for repayment of money applied for improvements.)

(1) Improvements authorised by the Settled Land Act, 1082, shall include the following, nanely:

(i) Residential houses for land or mineral agents, managers, clerks, bailiffs, woodmen, gamekeepers and other persons employed on the settled land, or in connexion with the management or development thereof:
(ii) Any offices, workshops and other buildings of a permanent nature required in connexion with the management or development of the settled land or any part thereof:
(iii) The development of the settled land, or any part thereof as a building estate, and the erection, building, making, and laying out for that purpose of dwelling houses, shops, buildings for religious, educational, literary, scientific, or public purposes, places, market houses, places of amusement and entertain meat, parks, squares, gardens, grounds for recreation, exercise, or games, or other open spaces, roads, streets, paths, sewers, drains, gasworks, electric light or power works, or any other works necessary or proper in connexion with the objects aforesaid:
(iv) Restoration or reconstruction of buildings damaged or destroyed by dry rot:
(v) Structural additions and alterations to buildings reasonably required, whether the buildings are intended to he let or not, or are already let:
Boring for water and other preliminary works in connection therewith:
(vii) Heating, hydraulic or electric power apparatus for buildings, and engines, pumps, lifts, rams, boilers, flues, and other works required or used in connexion therewith:
(viii) Engine houses, engines, gasometers, dynamos, accumulators, cables, pipes, wiring, switchboards, plant and other works required for the installation of electric, gas, or other artificial light, in connexion with any principal mansion house, or other house or buildings; but shall not, include electric lamps, gas fittings, or decorative fittings required in any such house or building:
(ix) Subject to provision for the repayment of the capital money expended being made in manner hereafter provided, steam rollers, traction
410
engine, motor lorries and moveable machinery for farming or other purposes.

(2) Where money is required for the purpose of paying for any improvement authorised by the Acts, or by the settlement, the tenant for life may raise the money so required and the costs of raising the same in the manner provided by Section eleven of the Settled Land Act, 1890 (as amended), ill regard to money thereby authorised to be raised, and the money raised under this Sub-section shall be capital money for the purpose aforesaid and may be paid or applied accordingly.
(3) Capital money arising under the Acts may be applied in or towards payment for any improvement authorised by the Acts or by the settlement, without any scheme for the execution of the improvement being first submitted for approval to, or approved by, the trustees of the settlement or the Court.
(4) Where the capital money to be expended is in the hands of the trustees of the settlement they may apply that money in or towards payment for the whole or any part of any work or operation comprised in the improvement, on

(i) A certificate to he made by a competent engineer or able practical surveyor employed independently of the tenant for life, certifying that the work or operation comprised in the improvement, or some specific part thereof, has been properly executed, and what amount is properly payable in respect thereof, which certificate shall be conclusive ill favour of the trustees as an authority and discharge for any payment made by them in pursuance thereof; or
(ii) An order of the Court directing or authorising the trustees so to apply a. specified portion of the capital money:
Provided that in the case of improvements not authorised by the Settled Land Acts, 1882 and 1890, or by the settlement, the trustees shall be entitled, if they shall think fit, before they make any such application of capital money to require that that money, or any part thereof, shall be repaid to them, out of the income of the settled land by not more than fifty half-yearly instalments, the first of such instalments to be paid or to be deemed to have become payable at the expiration of six months from the date when the work or operation, in payment for which the money is to he applied, was completed.

(5) The tenant for life is by this Section authorised to create out of the settled land, or any part thereof, a yearly rentcharge in favour of the trustees of the settlement sufficient in amount to discharge the said half-yearly instalments.
(6) Where the capital money to be expended is in Court, the Court may, if it
411
thinks fit, on a report or certificate of the Minister, or of a competent engineer or able practical surveyor approved by the Court, or on such other evidence as the Court shall think sufficient, make such order and give such directions as it thinks fit for the application of the money, or any part thereof, in or towards payment for the whole or any part of any work or operation comprised in the improvement.
(7) Where the Court authorises capital money to be applied in payment for any improvement or intended improvement not authorised by the Settled Land Acts, 1882 and 1890, or by the settlement the 'Court may, as a condition of making the order, require that the capital money or any part thereof shall be repaid to the trustees of the settlement out of the income of the settled land by a fixed number of periodical, instalments to he paid at the times appointed by the Court, and may require that any incumbrancer of the life estate shall be served with notice of the proceedings.
(8) Where any such Order is made the settled land shall stand charged with the payment to the trustees of the settlement of a yearly rentcharge sufficient in amount to discharge the periodical instalments, and the rentcharge shall accrue from day to day, and be payable at the times appointed for payment of the periodical instalments, and shall have effect as if limited by the settlement prior to the estate of the tenant for life, and the trustees of the settlement shall have all statutory and other powers for recovery thereof.
(9) A rentcharge created by or under this Section shall not be redeemed out of capital money, hut may be overreached in like manner as if the same were limited by the settlement., and shall cease if and when the land affected by the improvement ceases to he settled or is sold or exchanged, hut if part of the land affected remains subject to the settlement the rentcharge shall remain in force in regard to the settled land.
(10) All money received by the trustees of -the settlement in respect of any instalments under this Section shall be held by them as capital money arising from freehold land under the settlement, unless the Court otherwise directs.
(11) Section twenty-six of the Settled Land Act, 1882, is hereby repealed.
(12) The improvements authorised by this Section shall, for the purposes of the universities and College Estates Act, 1898, he deemed to lie inserted in the Third Schedule to that Act.

Sir F. BANBURY: I beg to move to leave out the Clause.
I suppose I shall not have much more success, but I put the. Amendment down in order to obtain a discussion upon the Clause. I quite agree there are parts of it which are good, for instance the first two Sub-sections, to which I have no objection, but the provisions of Subsection (3) are absolutely indefensible.
It allows the tenant for life to spend money on all these things. It is turning him into a gigantic speculator and encouraging him and the trustees to enter into all sorts of speculation which any ordinary sensible person who has acquired a little stake in the country would he extremely loth to do. If the tenant for life wants this, why does he not do it out, of the income? Why should he have the income and spend it, perhaps in a foolish kind of way, and then go to some great contractor and ask him to send in an estimate for doing all these enormous things out of the capital? He ought to do it out of the income. My hon. and learned Friend says you want, to encourage building. But you also Want to encourage thrift. You will get many more houses built if you encourage thrift. You are not in this Clause encouraging thrift at all, but you are encouraging the tenant for life to surround himself with all kinds of luxuries at someone else's expense. I sincerely trust my hon. and learned Friend will meet me by omitting some of these Sub-sections.

Sir L. SCOTT: I am sure the House will have appreciated the serious spirit, as they were charmed by the serious voice, in which my right hon. Friend gave the House the benefit of his comments on this Clause. Assuming for the moment that behind his gaiety there is a serious object, I should like to say this. This Clause represents, as a whole, deficiencies which have been found in practice for the last forty years in the Settled Land Act, 1882. It represents really what are the ordinary provisions inserted in well-considered wills and settlements enabling tenants for life to deal with capital moneys for capital purposes on rational lines. The difficulty of legislation of the kind is that in the first Acts which are passed you nearly always find two phenomena: first, overcaution, resulting in the Act not going far enough, and, secondly, the omission of things which would have been dealt with had they been thought of. This Clause, as a whole, fills up gaps and gives powers which the experience of the last 40 years shows are desirable. As regards paragraphs (vii) and (viii), the objects mentioned are not capital expenditure in the full sense of the word, because it is wasting expenditure, and with regard to these I should welcome the Amendment in the name of the right hon. Baronet the
Member for the City of London (Sir F. Banbury) and also in the name of the hon. and learned Member for York (Sir J. Butcher) to insert at the beginning of the paragraphs the words which we find in paragraph (ix):
Subject to provision for the repayment of the capital money expended being made in the manner hereinafter provided.
That is, for the repayment in instalments of the capital expenditure out of income. That is a. reasonable suggestion. In regard to the works mentioned in paragraphs (i) to (vi), they are capital improvements in the ordinary sense of the word, and the expenditure is capital expenditure in the ordinary sense of the expression, and ought to be treated as capital expenditure. Seeing the Amendments on the Paper, I have taken the precaution of consulting some of the leading conveyancers—

Mr. DEPUTY-SPEAKER: I think it would be better to deal with this point when the hon. and learned Member for York moves his Amendment, rather than on the Amendment of the right hon. Baronet.

Sir F. BANBURY: I understand that the Solicitor-General is prepared to accept some Amendments, and I thought he was prepared to accept the omission of paragraph (iii).

Sir L. SCOTT: No, I cannot agree to that.

Sir F. BANBURY: Perhaps it would be more convenient if I withdrew my Amendment in order that my hon. and learned Friend the Member for York may move the omission of paragraph (iii).

Sir L. SCOTT: I felt that the Amendments on individual paragraphs of this Clause as a whole had a certain connection one with the other, and I therefore have obtained for the information of the House the views of one or two eminent conveyancers on the Clause as a whole, and I thought it was convenient that I should give that information to the House, in view of the way in which the right hon. Baronet introduced the Debate. If it meets with the approval of the Chair I propose to do that. The first opinion is from Mr. Underhill, senior conveyancing counsel to the Court, who
has had very great experience. He writes:
As to Clause 65, I am decidedly of opinion that the proposed Amendments"—
that is, the omission of paragraph(iii)—
would be a misfortune. It seems to me that one of the great objects of this great Bill, and surely a very commendable object is to give tenants for life and trustees, ail such powers as would be inserted in a settlement drafted by an experienced and skilful conveyancer, but which are only too frequently left out by practitioners who are neither one nor the other. I do not hesitate to state, that in all well-drafted settlements of real estate, whether the settlement be by deed or by will, a Clause similar to paragraph (iii) of Sub-clause (1) of Clause 65, is now invariably inserted, unless the contrary is desired by the parties. It has got into the books of precedents, and is, I think, universally recognised as an ordinary power. Only yesterday I had to advise a tenant for life and trustees under an old will that they had no power to develop the estate as a building estate except by granting long building leases which in the locality were not acceptable to builders. Such a position is neither good for the owners of the estate (whether tenants for life or remainder men) or for the public. With regard to paragraphs (vii) and (viii) of Clause 65, Sub-clause (1) I am inclined to agree with the proposed Amendment. These works are not of a permanent nature and should, I think, like the new roof or the like, be gradually paid out of income by the person for the time being in possession.
Mr. Benn, a brother of a Member of this House, also one of the conveyancers to the Court, and a very distinguished conveyancer, writes:
I understand that objection is being taken in sonic quarters to the provisions of Clause 65, so far as they relate to the expenditure of capital moneys (1) in the development of the settled land as a building estate, (2) in providing heating, hydraulic, and electric power apparatus far buildings, and (3) in providing electric and other lighting installations. I sincerely trust that these objections will not be 'allowed to prevail. The existing Statutory provisions are in ninny respects arbitrary and unreasonable. For example, you can provide a water supply to a mansion, but you cannot supply a lighting installation. Yon can build a golf club house in connection with a building estate, but you cannot build new stables for the mansion. In many other respects the existing provisions are uncertain in their meaning, and constantly give rise to useless legal costs involved in taking opinions of counsel, and ultimately seeking the advice of the Court. All the proposed new provisions are within the general scheme of the existing Acts, namely, to authorise improvements which increase the value of the settled land. They are usually inserted in well-drawn settlements, thus adding to the expense in their preparation. We are all
familiar with very numerous cases where the absence of power to provide electric lighting installations out of capital moneys has been found very detrimental to the interests of the settled estates.
Mr. Edmund Beaumont, who was President of the Institute of Conveyancers, when they were considering this Bill, writes in a similar strain. This Clause represents the modern, up-to-date practice in view of the needs of the day.

Amendment, by leave, withdrawn.

Sir J. BUTCHER: I beg to move in Sub-section (1), to leave out paragraph (iii).
My reason for moving this Amendment is that I think the House, as competent business men, will agree that the powers proposed in this Clause are really extravagantly great. This Clause proposes to permit capital moneys, that is, moneys which are intended for the benefit of the tenant for life, and the successors afterwards, to be spent in improvements of the sort referred to in this paragraph. It is quite right that capital money should be spent for reasonable improvements, which really increase the value of the settled land, and are for the convenience of the persons who are going to occupy the house. Let me remind the House that this is not a lawyer's question, this is not a question for the conveyancers of Lincoln's Inn, but a question for ordinary laymen, who are competent persons of commonsense, to decide. Is it a reasonable thing to spend capital money on the building of museums, libraries, churches, chapels, cinema picture palaces, and other places of recreation? If one were a millionaire many times over one would probably do many things. In that case I am not sure I should build cinema halls, but I should like to provide cricket grounds, football grounds, tennis grounds, and to provide a model village, and all the rest of it. But that is not the sort of case which we are contemplating here. We are contemplating the spending of money which belongs to people in succession. When you give the power to spend this capital money upon cinema picture palaces, museums, churches and chapels, it is really going beyond anything that is reasonable.
The Solicitor-General has justified this Clause by reading letters from eminent conveyancers. I am not in the least
degree desirous of minimising the value of the opinion of eminent conveyancers, but I say that this is not a question for lawyers at all. This is a question for business men, for the owner of an estate, for the ordinary layman, and I ask, is it reasonable to give power to spend money in that way? The Solicitor-General says that you find this sort of Clause in all well-drawn settlements. I do not draw settlements now, but I did in former days, and I never put in any such Clause as this. Perhaps I was not enlightened enough. Certainly, the, people who instructed me never dreamed of asking me to insert a Clause in the settlement, which might dissipate the whole of the estate, and enable an ambitious or large-minded tenant for life to improve the property out of existence. That is not the object for which you put in these conditions in Acts of Parliament. In connection with very large estates, with an income of £50,000 or £100,000 a year, perhaps it would be desirable to have a Clause of this kind inserted in the settlement: but we are legislating not for properties worth £100,000 a year, but for the average settled properties in the country. How many settled properties in this country do we know where the tenant for life ought to have the power to build all the things I have referred to, at a cost of perhaps tens of thousands of pounds?
The solicitors of Lincoln's Inn who have to deal with large properties may insert very wide powers in the settlement, but this is not the sort of power that ought to be inserted in the settlement of property of the normal kind. It is not the sort of power which an Act of Parliament ought to give to a tenant for life in regard to normal or average settled property. This provision goes beyond the limits of reason. If you put this Clause into the Bill a tenant for life, if he is a man of large ideas, acting with trustees may, if they are men of perhaps easily influenced minds, be able to put these wide powers into operation without any check by the Court, or any check from the remainder man, who may be out of the country and may not know anything of what is going on. Therefore, you leave it in the power of the tenant for life, with the assistance of his trustees, to really squander the whole estate. It is perfectly easy to put this Clause into settlements of a proper
kind, and that is where it ought to find itself, and not in an Act of Parliament.
The Solicitor-General says that it is necessary to have electric light and gas. Granted; but in paragraphs (vii) and (viii) we find powers to set up electric light and gas. Why do you want the power twice over? Learned and eminent conveyancers from Lincoln's Inn would not put these things in twice over, and yet we are told that they are in every settlement. In paragraph (iii) you have provision for "gas works, electric light and power works," and you have the same thing over again in paragraphs (vii) and (viii). There is danger in that. In regard to paragraphs (vii) and (viii) the Solicitor-Genera] says that the money ought to be spent in providing gas and electric light and things of that sort, and he admits that the money so spent ought to be repaid by instalments. There is no such provision in paragraph (iii). Therefore you have the ridiculous result in the Bill as drawn that if you provide electric light and gas works under paragraph (iii) you can apply the capital without any provision for repayment, but if they were put up under paragraphs (vii) and (viii) then, according to the Amendment which the Solicitor-General has indicated he will accept, you would have to provide for the repayment of the capital. If the Solicitor-General will not cut out the whole of paragraph (iii) he will have to have some Amendment to make it read in consonance with paragraphs (vii) and (viii). This paragraph reads like an advertisement for Port Sunlight. It is probably a very accurate description of the improvements down there. Everyone is not Lever. Everyone has not £20,000,000.

Mr. SUGDEN: A great deal more.

Sir J. BUTCHER: Let us say £20,000,000 to begin with. Everyone has not £20,000,000 at his back to indulge in this sort of expense.

Sir F. BANBURY: They are all peers.

Sir J. BUTCHER: These multi-millionaires can indulge in this most desirable thing. They can get it put into their settlement. In the case of a comparatively poor man, owner of a country estate, it is a most reprehensible thing to invite him and his trustees, without any check, to indulge in expenditure which
he cannot afford and which may have the effect of ruining the family estate.

Sir F. BANBURY: I am pleased to second the Amendment. I agree with a great deal of what the hon. and learned Member for York (Sir J. Butcher) has said. It has been pointed out to me that all these powers only apply where any particular scheme has been instituted, and these particular powers are necessary to that scheme. No doubt that to a certain extent does minimise some, of the objections which have been raised by the hon. and learned Member for York. Under this paragraph practically two-thirds of the value of the estate may be borrowed to invest in building operations. If these buildings operations turn out unsuccessful the whole estate is gone. Surely that is not what is intended. I understand that there may be one or two eases where a town has developed, and an estate is surrounded by buildings, and it may be necessary to allow that particular part to be converted to other uses. Surely that can be done without this Clause. The tenant for life, I understand, has now the power to sell. Therefore, if I am right, and I think I am, I do not see any reason for this particular paragraph. My hon. and learned Friend says that it may be necessary for very large estates. I think that he is right. Why should we legislate entirely for large estates? We have got to legislate here for a vast number of people who by thrift, hard work, or any other legitimate means, have secured a certain sum of money or estate which they desire to preserve to their descendants. Why should they run risks of this kind?? It is true that the Solicitor-General has read out certain letters from eminent people, members of the Bar, who say that in their opinion this sort of thing is right.

Sir L. SCOTT: They have used this in practice.

Sir F. BANBURY: Yes in the settlement which they have drawn. No one has a greater respect for the Bar than I have in their own sphere, and that is not investing money. I have had some experience of investing money, and I have had some experience of very eminent people, barristers, who have come to me and have asked my opinions about investing their money. On more than one occasion they have said to me, "We lawyers
do not know anything about the investment of money. Though I have made a very large sum at the Bar, I have invested it so badly that I have lost a great part of it, and I would like to know what you would recommend." In those circumstances I do not see any use in the Solicitor-General reading out opinions from barristers about investments. They do not know anything about them. They are, I think, very bad advisers on that particular point. Therefore I do not think that the letters from these gentlemen have anything to do with the question whether or not we should give these enormous powers to the tenant for life. As I understand, under the Clause which has just been passed, the tenant for life can advance money to builders for the purpose of building. If that is so, why do you want this also? It is said that he can only advance two-thirds, and in all probability there will be a great deal of that two-thirds left if the speculative builder fails, but this paragraph enables him to run the whole of the risk himself. Surely, he ought to be content with the Clause, just passed. I hope that my hon. and learned Friend will go to a Division, and he will have at least one man in the Lobby, because it is not right for the Government to refuse to accept all these Amendments on a complicated Bill of this sort. This Amendment is a reasonable one and should be accepted.

Sir L. SCOTT: The right hon. Baronet has been good enough to express his views as to the competence of barristers to advise on matters of investment and I do not propose to dissent. I would merely observe that the barristers who have written these very interesting letters, which I have read to the House, were not advising the House or anybody else as to what they should invest in. They were merely informing the House that those who, like my right hon. Friend the Member for the City of London, are extremely competent to advise others how to invest their money, should be given power, if they think right, to invest their money in settled estates, as indicated in this Clause.

Sir J. BUTCHER: Not their money.

Sir L. SCOTT: The money of the settled estates. And we are entitled to assume that a man of business, exercising
these powers, will act as a man of business. The Mover of this Amendment spoke as if the Clause put on the tenant for life the obligation to do these things. All this Clause does is to give power to a sane man to do these things if he thinks it right for the development of the estate, under all the safeguards that the law provides. I only read those letters for this specific reason. During the last ten or fiffteen years it has become customary and usual and proper for men of business in settling their estate, either by will or settlement, to insert these very powers contained in paragraph (iii), not because they desire to exercise the powers themselves, but because they think that the man coming after them ought to have those powers. All the Bill does is to give those powers to be used in precisely the way that competent men of business have been constantly using them during the last ten or fifteen years. These letters may have convinced the House or they may not, but I did not read these letters in order that I might quote these men as guides in business investments. I agree with my right hon. Friend that that is not their job. In those circumstances there is a primâ facie case for this paragraph. Add to that this. There are undoubtedly more settled estates in the ownership of the Members of the other House than is the case in this. The other House have considered this particular Clause with extreme care, with the advantage of a great body of expert opinion advising them about it, and the Law Saciety and various other advisers who have considered this Clause have all agreed that it is a. desirable Clause.

6.0 P. M.

Sir J. BUTCHER: I am not terrified by what the learned Solicitor-General says about the views of the House of Lords. We are legislating here for ordinary men, among others owners of small settled estates, and he must not throw the House of Lords at my head. We are here considering questions and deciding them according to our qualifications and capacity, and I cannot allow the opinion of anyone who sits at the other side of the Lobby, upon a subject upon which I am competent in my own way, to overrule the opinion which my reasoned convictions lead me to adopt, and I am sure that no other Member of the House would accept the views which are thrown out from some other quarters
on a subject upon which he is capable of forming an opinion himself. So let us get rid of these extraneous arguments and consider the thing on its merits. The Solicitor-General tells us that these things are generally put into the settlement. That is the very reason why we do not want them here. When there is a case for them they ought to be put into a settlement, but when they are totally inappropriate to the character of the property they ought not to be put into a settlement. The learned Solicitor-General says that because these provisions are suitable for large estates, they ought to be made applicable to all estates by Act of Parliament.

Sir L. SCOTT: I did not say that.

Sir J. BUTCHER: I understand that that was the argument by which it was sought to support this Clause. My argument is that when they are appropriate to the estate they are in the settlement, and when not appropriate they are not in the settlement. These powers to build churches and chapels, cinemas, museums and libraries, and so on, are not suitable to be put into the settlement of every estate by Act of Parliament.

Sir L. SCOTT: May I ask my hon. and learned Friend a question? If he had the power to build such a cinema would he exercise that power?

Sir J. BUTCHER: If I were in that position, I think I would be able to exercise the powers given me by Act of Parliament in a reasonable way; but I am not at all sure that every tenant for life is fully competent to do what this Act of Parliament enables him to do. Some tenants for life are persons of much larger views than I am, and attach more importance to cinemas and museums, and there may be many tenants for life who would think that that was a very appropriate way of spending money which is not their own. I say they ought not to be allowed to do it except with their own money. I would prevent people who are not wholly wise from using the powers. I would urge the Solicitor-General not to put temptation in the way of those who might not be very competent to resist it—powers which it would be most dangerous for them to exercise.

Amendment negatived.

Sir J. BUTCHER: I beg to move, in Sub-section (1, iii), to leave out the words "gasworks, electric light or power works."
There is already a provision in Subsections (1, vii) and (1, viii) for electric power. In the former it is specifically mentioned. We do not want electric power mentioned twice. Then there is gas lighting. You have it in Sub-section (1, viii), which says that improvements are to include
engine houses, engines, gasometers,…plant, and other works required for the instalment of electric, gas, or other artificial light…

Sir F. BANBURY: I beg to second the Amendment.

Sir L. SCOTT: I think the point of my hon. and learned Friend is founded upon a misapprehension of the precise effect of the wording of these paragraphs. Paragraph (iii) of Sub-section (1) deals with a development of a building estate. Paragraph (viii) deals with engine houses and gasometers and electric lighting apparatus. There are the words
in connexion with any principal mansion house or other house or buildings.
The draftsman of the Clause thought it desirable to separate what were regarded as works in paragraph (iii) from ancillary engines and plant and apparatus for a building or a house. That is why they are repeated. In line 34 you have the words
Gasworks, electric light or power works or any other works.
In the other paragraph it is engine houses and accumulators and other works required
in connexion with any principal mansion house.

Sir J. BUTCHER: The point is too subtle for me to understand. If the learned Solicitor-General is satisfied that he is right, I shall not, press the Amendment.

Amendment, by leave, withdrawn.

Amendment made: At the beginning of Sub-section (1, vii) insert the words
Subject to provision for the repayment of the capital money expended being made in manner hereinafter provided."—[Sir J. Butcher.]

At the beginning of Sub-section (1, viii) insert the words
Subject to provisions for the repayment of the capital money expended being made in manner hereinafter provided."—[Sir J. Butcher.]

Sir J. BUTCHER: I beg to move to leave out Sub-section (3).
By the Settled Land Act, 1882, it is provided that when certain improvements were proposed for the expenditure of capital money the tenant for life had to produce a scheme, showing in general detail what he proposed to do, and he submitted that scheme to the trustees or the Court, and if the trustees or the Court approved the scheme, the capital moneys could be expended on it. The words in the Act of 1882 were very carefully thought out at the time. Section 26 provides that where the tenant for life was desirous that capital money arising under the Act should he applied for improvements authorised by the Act, he might submit for the approval of the trustees of the settlement or to the Court, as the case might require, a scheme for the execution of the improvements. When the scheme was approved by the trustee or the Court the money could be spent. That is a very valuable provision, because it enabled the trustees or the Court to know at what the tenant for life was driving. He had to state in general terms what he wanted to do. He had to get an estimate of the expenditure, and then the trustees or the Court were in a position to judge whether or not it was wise expenditure. Sub-section (3) of this Bill dispenses with the scheme altogether. If ever there was a case where it was important that the scheme authorised by the Act of 1882 should be adhered to, it is the present case, because you have already sanctioned a large number of very novel and dangerous means of expenditure. I urge that it would be extremely unwise to dispense with what was thought in 1882 to he an absolutely necessary provision for the protection of the estate.

Sir F. BANBURY: I beg to second the Amendment.
It seems to me necessary that we should not abandon every chance of preserving the body of the estate. Speaking as a layman it seems to me that this Clause does away with all the safeguards which my hon. and learned Friend the Solicitor-General only a few moments ago told me existed. He endeavoured to allay my apprehensions by saying, "You need not be nervous about money being advanced for building houses, and so on, because the trustees cannot do it except in certain circumstances." I am not sure
I was at all re-assured by what the Solicitor-General said, but now we come to this provision, which, as I understand it, takes away the whole of the safeguards said by my hon. and learned Friend to exist. I do not know whether or not he will say that this does not apply to the estate as a whole but only to a portion of it, where portion is sold and the money which comes in from that sale has to he re, invested. Even if that be so, it does away with the safeguards which formerly existed against foolish investments. If it does away with the safeguards against the investment of the money without the trustee being able to investigate the circumstances, then what safeguards are left? I sincerely trust, unless there is a really sound explanation for this proposal, that it will not be accepted.

General Sir IVOR PHILIPPS: The word "Acts" is constantly referred to in this and other portions of the Bill. I should like the Solicitor-General to tell ca what. Acts are meant.

Mr. D. HERBERT: The Settled Land Acts.

Sir I. PHILIPPS: It does not say so.

Sir L. SCOTT: In Clause 71, Subsection (2), it is stated that
The Settled Land Acts, 1882 to 1922, are referred to as 'the Acts'.
With regard to the Amendment which has been moved, the Sub-section in question has been introduced into this Bill because the system of schemes under Section 26 of the Settled Land Act of 1882 has been found, in practice, to cause such very great expense as to be practically prohibitive. The result is that the schemes have not been a real safeguard, and, as a matter of fact, in every well-drawn settlement to-day there is a Clause saying that the submission of a scheme to the trustees, as mentioned in Section 26 of the Act of 1882, shall not be required. It is simply following the lesson of experience that this Sub-section has been inserted. In the Settled Land Act of 1890 a temporary provision was inserted dealing with the subject and providing for sanction by the Court in connection with money which had been expended without a scheme. But in practice it has been found better to dispense with the scheme altogether.

Sir J. BUTCHER: Why?

Sir L. SCOTT: Because of the expense involved, which in practice has been found to be unnecessary. The Seconder of the Amendment asked what safeguards are left. If the House will turn to Subsection (4) of Clause 65, it will be found that it is there provided:
Where the capital money to be expended is in the hands of the trustees of the settlement they may apply that money in or towards payment for the whole or any part of any work or operation comprised in the improvement, on—

(i) A certificate to be made by a competent engineer or able practical surveyor employed independently of the tenant for life, certifying that the work or operation comprised in the improvement, or some specific part thereof, has been properly executed, and what amount is properly payable in respect thereof… or
(ii) An order of the Court directing or authorising the trustees so to apply a specified portion of the capital money."

Then there is this provision:
Provided that in the case of improvements not authorised by the Settled Land Acts, 1882 and 1890, or by the settlement, the trustees shall be entitled, if they shall think fit, before they make any such application of capital money to require that that money, or any part thereof, shall be repaid to them, out of the income of the settled land by not more than fifty half-yearly instalments.
The right hon. Baronet the Member for the City of London (Sir F. Banbury) will see that according to the proviso at the end of that Sub-section it is competent for the trustees, if they think fit, to require repayment over a period of 25 years. There is first the proviso in regard to the certificate by an engineer or surveyor, then the proviso with regard to an order of the Court, and finally the proviso in regard to improvements authorised by either this Act or any Act subsequent to it, that they may require repayment in the way I have mentioned.

Sir F. BANBURY: I am not sure that Sub-section (4) does not contradict Subsection (3) which says, that "capital money arising under the Act" may be applied in certain ways. Sub-section (4) on the other hand says "where the capital money to be expended is in the hands of the trustees." Is not all capital money in the hands of the trustees?

Sir L. SCOTT: In most cases.

Sir F. BANBURY: Then what is the use of Sub-section (3)?

Sir L. SCOTT: Sub-section (3) in terms provides for getting rid of the necessity of submitting schemes to the trustees. The provisions of Section 26 of the Act of 1882 require that a great number of elaborate provisions shall be complied with. That Section provides that where the tenant for life is desirous that capital money shall be applied in or towards payment for improvements, he may submit for approval to the trustees of the settlement or the Court, as the case may require, a scheme for the execution of the improvements showing the proposed expenditure thereon. Where the capital money is in the hands of the trustees, then, if the scheme is approved by them, the trustees may apply that money in or towards the payment of the whole or part on, first, a certificate from the Land Commissioners—that is, now, the Ministry of Agriculture—or a certificate that the work or alteration has been properly executed and that the amount is properly payable; secondly, the certificate of a competent engineer or surveyor; or, thirdly, an order of the Court, and so on. There are a number of elaborate provisions, compliance with which means the spending of a great deal of money on architects, quantity surveyors, consulting engineers and so forth, an expense which in practice is found to be unnecessary. The right hon. Baronet will not expect me to answer questions as if I myself were a tenant for life exercising all these various powers every day in the week. I have no personal experience in the matter; I merely speak from consultation with those who do know, and I give the House to the best of my ability the information I have been able to collect. The result of it is that in practice it is found that the system of schemes under the Act of 1882 is cumbrous and is not a real safeguard, and if we pass Sub-section (3), this, with the safeguards of Sub-clause 4, provides substantial protection as far as is necessary and at the same time gives an opportunity for reasonable development.

Sir F. BANBURY: Let us suppose that I am a tenant for life and that my hon. and learned Friend is the trustee. I go to him with a proposal to invest certain capital money which is lying uninvested, and I do not submit a. scheme. I simply ask him to let me have the money to be invested in the improvement of the estate. He, as trustee, says to me, "Very well, I will do that provided you give me a certificate from a competent engineer or
surveyor." Is that as far as this provision goes?

Sir L. SCOTT: Or an order of the Court.

Sir F. BANBURY: Are we to understand that the word "may" in Subsection (4)—"the trustees of the settlement may apply that money"—means "may," or does it mean "shall"? My point is this: Supposing the trustee says, "No, I know what you are going to do. I do not ask you to submit a, scheme, but I do not think it advisable in the interest of the estate to do it, and I shall not give my consent." What happens then?

Sir L. SCOTT: There are, as I have pointed out, the conditions as to the certificate or the order of the Court. Then there is the proviso in regard to improvements not covered by the earlier Settled Land Acts. Furthermore, the trustees have the ordinary power to go to the Court if a. difference arises between the tenant for life and the trustees of the settlement respecting the exercise of any of the powers of the Act or any matter relating thereto, and on that the Court may give such direction as it thinks fit.

Sir J. BUTCHER: That is quite true, but that is not a real safeguard. The real danger arises where the trustees are more or less under the influence of the tenant for life. As I have pointed out on previous occasions, where that is so there is really no protection unless you preserve the scheme laid clown by the Act of 1882 or something like it. The right hon. Baronet the Member for the City of London asked what safeguards are left if we abolish this scheme? That is a very clear question, and, in reply to it the Solicitor-General, in the first place, pointed to the provision with regard to the certificate by a surveyor. May I ask the attention of the House to this fact? This would be a certificate that the work has been done. It would not be a certificate that the work was necessary or that it was for the advantage of the estate or conducive to the development of the estate. The tenant for life may spend money on the exceedingly wide series of improvements which are now permitted, and, when we ask what safeguard there is and what guarantee there is that these are really for the benefit of the estate, the answer is that there
will be a certificate from the surveyor that the work has been properly done. What is the other safeguard to which the learned Solicitor-General referred? It is a hypothetical one. He referred to the provision that the trustees might, if they thought fit, demand that the capital money spent on these improvements should be repaid by instalments, but I submit that that is no safeguard whatever, because the case which we are supposing, and the case where you do want a safeguard, is where the tenant for life and the trustees are acting together. The tenant for life naturally does not want capital money repaid by instalments. He wants to get as much out of the estate as he can, and he goes to the trustees and says, "Look here, let me point out what an excellent improvement this is There is no occasion to repay by instalments." The trustees assent, as they can do Where is the safeguard? It has gone, so that the only other alleged safeguard which the Solicitor-General pointed to is non-existent. Therefore, we come back to this, that the only real safeguard as to the improvement being a reasonable and proper one is that contained in the Act of 1882, which you are now abolishing by this Sub-section (3).

Sir L. SCOTT: That is not the only or the real protection.

Sir J. BUTCHER: The hon. and learned Member was asked what were the protections, and he gave two illustrations of protection, both of which I have examined, and both of which, I venture to say, turn out to be nugatory. If there be any other protection, I shall be glad to know of it.

Sir L. SCOTT: The tenant for life cannot spend any capital money without arranging beforehand with the trustees. If he does not, they will refuse to pay and tell him to go to the Court.

Sir J. BUTCHER: That is exactly my point. The dangers we have to meet are where the tenant for life has got the trustees more or less under his influence, and it is in order to provide for dangers of that sort that the Act of 1882 originally said there must be a scheme. Inasmuch as this scheme, which this Bill proposes to abolish, is one of the only protections left, I think the Solicitor-General ought to agree to eliminate Sub-section (3).

Amendment negatived.

CLAUSE 78.—(Relief against forfeiture of leases on assignment, etc., and as to powers to distrain.)

(1) The words, "To a covenant or condition against assigning, underletting, parting with the possession, or disposing of the land leased; or" in Sub-clause (i) of Subsection (6) of Section fourteen of the Conveyancing Act, 1881, are hereby repealed. This Sub-section only applies where the breach occurs after the commencement of this Act.

Sir L. SCOTT: I beg to move, at the end of Sub-section (1), to insert the words
and the foregoing repeal shall not apply where the land leased has been assigned, underlet, parted with, or disposed of, to a limited company.
This is a provision which it is necessary to add as a safeguard. Under the Conveyancing Act of 1881, before re-entering or forfeiting a lease for breach of covenant, the lessor has to serve a notice, and so on, but the Section of the Act of 1881 does not extend to a covenant or condition against assignment. The Clause was put in this Bill to get over that difficulty, but, as drafted, I think it has gone a little too far. A lessee may assign to a company, and the company may at once go smash, and in that case I think the lessor would be in danger of losing his effective rights. Hence my Amendment. I am told in practice that it is a necessary qualification to put in the Bill as drafted.

Sir WATSON RUTHERFORD: I think this is a most extraordinary Amendment. Clause 78 purports to repeal amongst other things, Section 14 of the Conveyancing Act of 1881, and then we are to have added at the end of the repeal Clause that the repeal is not to operate in certain conditions. I think, if it had been intrended—and it probably is intended—that where there has been a transfer of a leasehold to a limited company the original Sections of the Act should still apply, that ought to have been clearly and properly stated, but to repeal a Section, and then to say that for certain purposes it is not repealed, is to create a confusion in the law of the most difficult and objectionable character. I was given to understand that, this Bill was one to clear up the law and to reduce it, on a great many of these points, to a code that could be easily looked at, so that the law could be ascertained with reasonable
facility, but the method adopted here is most confusing. As this is the Report stage, and it would appear to be almost impossible to suggest that the intention should be inserted in intelligible language at a later stage, I venture to think this Amendment ought not to be adopted, because of the confusion that would inevitably arise in forming a conclusion as to whether these particular Sections were still law or not.

Mr. D. HERBERT: I hope my hon. Friend will not press his opposition to this Amendment. If it is really put in short words, it is one of the simplest possible things to understand. This Clause does not repeal Section 14 of the Conveyancing Act, 1881; it repeals only a very few words in that very long Section. The effect of the Clause in the amended form now proposed may be stated in a few of the simplest words possible. As my hon. Friend knows very well, Section 14 of the Conveyancing Act, 1881, provides that relief against the forfeiture provisions in a lease may be given by the Court. There are certain cases where that relief may not be given, and one of those cases is the breach of a covenant against assigning, underletting, or parting with possession of the premises without licence. It has been held in the past that it would be reasonable—and I think my hon. Friend will agree—that the Court should be able to give relief against a forfeiture on that ground, and that was therefore the intention, to bring the Conveyancing Act up to date in the Bill; but attention has been drawn since to the fact that, if I may put it in simple, plain language, it is not an unusual form of swindle for people holding very valuable premises on lease occasionally to transfer them to a one-man company, or a rotten company of some kind, with no assets, for the express purpose of being able to get out of their liabilities for rent, and so on, under the lease. I therefore hope my hon. Friend will not press his opposition, for when the Clause gets into the text books it will be the simplest matter possible.

Sir W. RUTHERFORD: I was not arguing against the meaning and effect of what was clearly intended to be done, but against the very confusing way in which this Amendment was expressed.

Sir L. SCOTT: This Bill, when it is an Act, will subsequently, as I said on
Second Reading, be consolidated with other Acts, and we shall get all questions of drafting of this kind quite clear in the consolidating Act long before this Act comes into operation.

Amendment agreed to.

CLAUSE 88.—(Power to apply income for maintenance and to accumulate surplus income during a minority.)

(1) Where any property is held by trustees in trust for any person for any interest whatsoever, whether vested or contingent, then subject to any prior interests or charges affecting that property—

(i) During the infancy of such person, if his interest so long continues, the trustees may, at their sole discretion, pay to his parent or guardian, if any, or otherwise apply for or towards his maintenance, education or benefit, the income of that property, or any part thereof, whether there is any other fund applicable to the same purpose, or any person bound by law to provide for his maintenance or education, or not; and
(ii) If such person on attaining the age of twenty-one years has not a vested interest in such income the trustees shall thenceforth pay the income of that property and of any accretion thereto under Sub-section (2) of this Section to him, until he either attains a vested interest therein or dies, or until failure of his interest.

Mr. D. HERBERT: I beg to move, in Sub-section (1, i), after the word "benefit," to insert the words
the whole or such part (if any) as may under all the circumstances be reasonable of.
This Amendment goes with two Amendments following in my name, and also with an Amendment in the name of the Solicitor-General. The Clause, as originally drawn, is to the effect that the trustees may at their sole discretion pay to the parent or guardian of an infant, or otherwise apply towards his maintenance, education, or benefit, the income of the property or any part thereof; and the object of slightly altering the wording as I propose is in order to be able to introduce lower down certain provisions as to what is reasonable and what considerations the trustees should have regard to. In view of the Amendment standing on the Paper in the name of the Solicitor-General, I imagine he will accept this Amendment of mine and the following one in my name, but I do
not know what course he will take with regard to my further Amendment after that, which, if I may use the expression, swallows his up.

Sir L. SCOTT: I beg to second the Amendment. I will swallow that of my hon. Friend.

Amendment agreed to.

Further Amendments made:

In Sub-section (l, i), leave out the words "or any part thereof."—[Mr. D. Herbert.]

At the end of Sub-section (1), insert the words
(iii) Provided that in deciding whether the whole or any part of the income of the property is during a minority to be paid or applied for the purposes aforesaid, the trustees shall have regard to the age of the infant and his requirements and generally to the circumstances of the case, and in particular to what other income (if any) is applicable for the same purposes; and where trustees have notice that the income of more than one fund is applicable for those purposes then, so far as practicable, unless the entire income of the funds is paid or applied as aforesaid or the Court otherwise directs, a proportionate part only of the income of each fund shall be so paid or applied."—[Mr. D. Herbert.]

CLAUSE 90.—(Power to discharge or modify restrictive covenants affecting land.)

(11) Where a term of more than one hundred years is created in land (whether before or after the commencement of this Act) this Section shall, after the expiration of fifty years of the term, apply to restrictions affecting such leasehold land in like manner as it would have applied had the land been freehold.

Lieut.-Colonel DALRYMPLE WHITE: I beg to move, in Sub-section (11), to leave out the words "one hundred," and to insert instead thereof the word "ninety."
This Clause deals entirely with the question of restrictive covenants. I think it will be admitted by most people that in the great majority of cases restrictive covenants are as much in the interests of the community as in the interests of the landlord, and that refers more especially to covenants which have to do with the question of nuisances or insanitary surroundings. Indeed, I think it may well be said that in such cases the interests of the tenant and of the landlord are identical. However beneficial restrictive covenants may have been when they were
originally proposed, it is quite possible that, by the lapse of time, or by the altered conditions of a locality, the need for those restrictive covenants has gone by, and, instead of being a benefit, they are actually against the interest of a locality's development. There are many people who, welcoming this Bill as a whole, noticed almost with dismay that the word "freehold" had been inserted in the Bill, therefore cutting "leasehold" out of this Clause.
Therefore, we welcome the Amendment which the learned Solicitor-General moved in Committee by inserting Subsection (11). We thank him for it. We who have been for a long time in this House with him know how interested he has always been in these matters, and how sympathetic he has been to those who wish to remove anomalies and real injustices in this leasehold system. But the Amendment he moved in Committee only touches a fringe of the problem. In my own constituency of Southport the vast majority of leases are under 100 years, being 99-year leases, and that applies also to Liverpool and many other towns. I should like it to be understood that my Amendment is intended to operate only in cases where covenants have become obsolete or injurious. I think the interests of the landowner will be amply safeguarded under the Clause, and I hope my hon. and learned Friend may see his way to accept the Amendment. I am sure that by doing so he—and, I may say, incidentally, the Government—will receive the gratitude, not only of a very large number of municipal authorities, but, I think I may say also, of millions of leaseholders throughout the country.

Lieut.-Colonel HURST: I beg to second the Amendment.
If the learned Solicitor-General accepts this Amendment, it will be of enormous value in towns where, in many oases, restrictive covenants have become obsolete. Restrictive covenants made in the years from 1860 to 1870 not to carry on a particular business, or not to erect a house over or under a certain rental, may have been perfectly fitting then, but circumstances and conditions may have entirely changed, and these covenants may have become obsolete and a burden upon the community. Therefore, I feel sure that, by accepting this Amendment, not
only will tenants be enormously benefited, but the development of whole areas in the neighbourhood of towns will be greatly facilitated.

Sir L. SCOTT: I shall be very glad to recommend to the House the acceptance of this Amendment, subject to conditions I will mention of a minor character. I agree with every word that has fallen from the lips of the hon. and gallant Member for Southport (Lieut.-Colonel D. White) as to the extreme importance of the Amendment. I, personally, would have been glad to accept it when he suggested it in Committee, but there were certain technical difficulties with regard to mining leases that I did not want to go into at that time, and need not go into now. Mining leases and mining questions generally are kept out of this Bill, ac it is the intention of the Government to introduce legislation on mining questions at as early a date as possible. Therefore, what I would ask the hon. and gallant Member to agree to is that, instead of his next Amendment on the Paper, which reads as follows:
Provided that in the case of mining leases the term shall be more than one hundred years.
he should agree to the phraseology being:
Provided that this Sub-section shall not apply to mining leases or leases for mining purposes.

Lieut.-Colonel WHITE: I shall be perfectly willing to agree to that suggestion.

Sir L. SCOTT: On the understanding that the hon. and gallant Member's next Amendment will be moved in that form, I shall be glad to accept this, and to thank him, on behalf of the community to which he has referred, for his pertinacity in regard to this Amendment.

Sir F. BANBURY: I understand that this will be the effect. Where a person has leased a house for 90 years, and 50 years of that lease have expired, then, even if there are any restrictive covenants in the lease, the leaseholder can use the house in any way he likes, It that so?

Sir L. SCOTT: The right hon. Baronet has not, I think, appreciated that under Sub-section (11) the power to deal with restrictive covenants in a lease of freehold land is dealt with on the same lines as the power to deal with restrictive covenants in regard to freehold land
which you find in the earlier part of the Clause. It is there hedged round with elaborate precautions, and it is there provided that, if a restrictive covenant be got rid of by the tribunal, compensation must be given to the person in whose favour the restrictive covenant has been made, if the covenantee suffers any loss by the removal of the covenant. It is for the purpose of getting rid of restrictive covenants that impede development in a neighbourhood, subject always to the greatest precautions and to compensation.

Mr. A. M. SAMUEL: May I, as a layman, ask this question? Suppose I live in a square in which all the houses have been let for 99 years as dwelling-houses, but, owing to some railway coming near, it is impossible for me to live in that square, will this Clause allow me to let my houses for offices, without being penalised?

Sir L. SCOTT: If the hon. Member will look at Sub-section (1 a) of this Clause the powers are these:
The Authority…shall have power from time to time, an the application of any person interested in any freehold land affected by any restriction arising under covenant or otherwise as to the user thereof or the building thereon, by Order wholly or partially to discharge or modify any such restriction (subject or not to the payment by the applicant of compensation to any person suffering loss in consequence of the Order) upon being satisfied
(a) That by reason of changes in the character of the property or the neighbourhood or other circumstances of the case which the Authority may deem material, the restriction ought to he deemed obsolete, or that the continued existence thereof would impede the reasonable user of the land for public or private purposes.
And so on.

Mr. SAMUEL: I think it is a very good thing.

Sir D. MACLEAN: I do not think my right hon. Friend the Member for the City of London (Sir F. Banbury) need have any fear of the operation of this Clause. In fact, I am sorry to say he will not have any reason to fear it, because, in my view, it is a pity that we have this much more limited form of application of the Clause than that originally intended, and I would advise the right hon. Baronet to be thankful, from his point of view, that things are
not worse. I wish, from my point of view, things were very much better. I regret very much the original proposal has been cut down to the extent it has been. Nobody who knows anything about the tenure of land in urban areas, and, indeed, outside urban areas, both freehold and leasehold—and particularly leasehold—can come to any other conclusion than that many of the restrictive covenants are obsolete, and most disadvantageous, not only to those who own the land, but to the community at large, and it is for the first time that we get in a Statute the application of something approaching commonsense in dealing with these questions. I am not, of course, making any reference to my right hon. Friend in that regard. I welcome this insertion, though it is hedged round with such safeguards that I doubt whether the benefits will be very large. I hope, at some later time, I shall be in this House to give effect to much wider and more sweeping and drastic powers than are contained in this very limited Clause now before the House.

Sir W. RUTHERFORD: My only objection is that the Clause and the Amendment restrict the application of common sense. The Clause says:
Where a term of more than one hundred years is created in land.
That, by the Amendment, is going to be altered to
Where a term of more than ninety years is created in land.
Therefore, people who have a 99 years' lease to start with, will be able to avail themselves of this provision, and if there be some onerous, obsolete, and stupid restrictions applied to their property, they will now have, if we pass this Clause in this shape, some mean;. of going to an authority and getting rid of them under reasonable terms, and if anyone be damnified he will have compensation; but the Clause will leave anyone who has got a. lease of less than 90 years without any remedy whatever, and we in Liverpool have got a vast number of leases of 75 years. I am very sorry to find that, while a reasonable thing is being clone in respect to restrictions of an obsolete character in regard to long leases, my own locality, at all events, is not to get any benefit from this Clause. I shall support this Amendment to make 100 into 90 years, but if anyone would suggest
making it 50 or 51 years, so as to cover the period of 50 years, I should be even more glad.

Mr. SAMUEL: On a point of Order. Would it be possible for me to move as an Amendment to the Amendment, that the period should be sixty years?

7.0 P.M.

Mr. SPEAKER: It could be done in this way: We must first of all remove "one hundred" from the Bill. Then I shall have to put the Question, "That the word 'ninety' be there inserted." If that be negatived, it will be open to the hon. Member to move the insertion of "sixty" instead of "ninety."
Question, "That the words 'one hundred' stand part of the Bill," put, and negatived.
Question proposed, "That the word 'ninety' be there inserted in the Bill."

Mr. SAMUEL: I wish to move as a further Amendment, "That the word 'sixty' be there inserted." I have no objection, of course, to the principle involved in the ninety years, but I agree with my hon. Friend the Member for Edgehill (Sir W. Rutherford) that we should prefer to see the term sixty years. For that reason, I move that instead of "ninety" the word should be "sixty."

Sir W. RUTHERFORD: I beg to second that Amendment.

Mr. SPEAKER: The House will have to negative the word "ninety." Then a second Amendment will be necessary to insert "sixty." I must first put the Question, "That the word 'ninety' be there inserted."

Sir L. SCOTT: I have every sympathy with the proposal for a further reduction from ninety years, but one must draw the line somewhere, and I want to say why. We do not want to interfere with a contract freely made within the length of time for which the contracting parties may reasonably have anticipated that the contract as a contract would continue to be effected. Leasehold property, after the lapse of a certain length of time, ceases to have any really contractual character, and it becomes a type of tenure rather than the result of a mere contract or undertaking between parties freely made. We want to draw a reasonable line be-
tween the anomaly we see at the present time of leasehold estates, long after the, leases have been created, becoming encumbered by obsolete covenants, and, on, the other hand, freedom of contract.

Mr. SAMUEL: How can the Solicitor-General reconcile that argument with the limitation of fifty years, on page 74 of the Bill?

Sir W. RUTHERFORD: Will you make it seventy years?

Sir L. SCOTT: I am told that the concession I have already made, down to ninety years, is as far as it is safe to go, for reasons that are known to those who, are concerned with conveyancing matters. I am afraid I must resist a reduction beyond the figure of ninety, though I have a good deal of sympathy with the hon. Member's proposal.

Mr. SAMUEL: How do you reconcile that with the fifty years?

Sir D. MACLEAN: I am sorry the Solicitor-General has stated that he is rather unfavourable to this Amendment. I assure him—if I am right, I may, of course, be wrong—that I do not think there is anything in conveyancing which is objectionable at all. Every possible argument—and I say this with some knowledge of the matter—which can be brought to bear for bringing the operation of this Clause down to the ninety-nine years' lease, is applicable in the fullest sense to the seventy years' lease. The same kind of thing arises in seventy or seventy-five years' lease as in the ninety-nine years' lease. The only thing is, that in those parts of the country where it has-become the custom to grant a seventy-live years' lease instead of a ninety-nine years' lease, when those leases are granted it really does not make much difference to the grantor or the grantee at the time whether it is ninety-nine years or seventy-five years. It is a difference of about twenty years, which is a very, very long time off.
Seventy-five years is a very long time off, when a man grants or takes a lease. The House, therefore, may assume with safety that identical conditions obtain when a seventy-five years' lease is granted as when a ninety-nine years' lease is granted. It is a long lease, applied with that difference of years, in different parts of the country. I assure the Solicitor
General that very grave injustice will arise, as between one district and another in the country, if the concession is not given to the seventy-five years' lease as to the ninety-years' lease. You have a district like Cardiff and, as we have been told, like Southport, where the ninety-nine years' lease obtains. You may go to other places within 100 miles or so, and there you find that a seventy-five years' lease obtains.

Sir L. SCOTT: I have made further inquiries, and I am happy to say that if my hon. Friend (Mr. A. M. Samuel) will make it "seventy" instead of "sixty," I will accept it.

Mr. SAMUEL: Have I your permission, Mr. Speaker, to withdraw "sixty" and substitute "seventy"?

Mr. SPEAKER: We are still on the Question, "That the word 'ninety' be there inserted." If the House negative the "ninety," I will take the "seventy."
Question, "That the word 'ninety' be there inserted in the Bill," put, and negatived.

Mr. SAMUEL: I beg to move, "That the word 'seventy' be there inserted in the Bill."
With your leave, Sir, I will move the insertion of the seventy years in place of the ninety which we have negatived.

Sir W. RUTHERFORD: I beg to second the Amendment.

Question, "That the word 'seventy' be there inserted in the Bill," put, and agreed to.

Further Amendment made: At the end of Sub-section (11) insert the words
Provided that this Sub-section shall not apply to mining leases or leases for mining purposee."—[Lieut.-Colonel D, White.]

CLAUSE 107.—(Construction of deeds and other instruments and presumption of survivorship.)

(2) The Lord Chancellor may from time to time prescribe and publish forms of contracts and conditions of sale of land, and the forms so prescribed and for the time being in force shall, subject to any stipulation, modification, or intention expressed to the contrary, apply to contracts by correspondence, and may, but only by express reference
thereto, be made to apply to any other cases for which the forms are made available; and may also prescribe and publish forms to which a testator may refer in his will, but unless so referred to, such forms shall not be deemed to be incorporated in a will.

Mr. FOOT: I beg to move, in Subsection (2), after the word "land" ["conditions of sale of land"], to insert the words
to which reference may be made in any such contract or conditions.
That relates to the interpretation of an open contract, and it may be of some interest if I refer the House to the first copy of the Bill which was issued, and which had a preparatory Memorandum. On page ix of the original Memorandum an explanation was given of this Clause, and its amendment. It was Clause 105 in the old Bill, and it is Clause 107 in the Bill as it left the Committee. It states that Sub-section (2)
has been added in order to save the costs of printing, etc., which are incurred when contracts and conditions of sale are prepared. The new Sub-section will also enable the case of contracts by correspondence, which under the existing law are in a very unsatisfactory condition, to be dealt with to the satisfaction of both vendor and purchaser.
I am altogether in favour of anything that will make contracts easier, which will lighten the cost of printing in relation to contracts, and lessen the work which is needed in carrying the contract through. I think, however, that Clause 107, as it now stands, will give rise to a good deal of difficulty. It certainly will put into the hands of the Lord Chancellor for the time being power greater than one [...] ought to possess.
Hon. Members will know that an open contract is entered into every day of the week. It is a very customary thing. One man writes from his house to another man, and says: "I offer you £500 for your house." The man to whom he writes replies: "I accept your offer." That is an open contract. If that contract is entered into under the present conditions the law imports into it all sorts of conditions, and very important conditions. The conditions which are now imported into an open contract have been sanctioned by a great deal of usage, and they are pretty well known. The proposal contained in this Clause
is, that wherever there is an open contract by correspondence you shall import into that contract, not the rules and conditions which have grown up and have been sanctioned by the law—some sanctioned by Statute Law and some by Case Law—lout the Lord Chancellor for the time being shall have the power to draw up a list of the conditions that shall be imported into the open contract by correspondence. That gives to the Lord Chancellor too great power altogether. Not merely would he have the power to draw up a list of conditions to be imported into an open contract, but- he would have the power to change it from time to time. In dealing with ordinary business affairs, we should never quite know from time to time what rules and regulations the Lord Chancellor for the time being had established.
The latter part of this Sub-section gives very considerable power to a testator making his will. In making a will, he may refer to some form which the Lord Chancellor has drawn up, and say, "I will adopt that in my will." That is a very convenient proposal, and is one that will be very generally adopted. There will be no objection whatever to the Lord Chancellor drawing up a certain number of Regulations which can be imported by reference into these contracts. Therefore, when I write, accepting an offer that someone else has made to me, I can say, "I adopt the general Regulations of the Lord Chancellor." If it is made permissive, it is a -convenient thing, a cheap thing, and a proper thing; but if it is imported into every open contract, whether we like it or not, it will be a mischief rather than otherwise. It will lead to a very great deal of difficulty, and it will give the Lord Chancellor a greater power in this matter than any Lord Chancellor has previously possessed.
One does not refer to any occupant of the Lord Chancellor's office. This Act may last for very many years, and may apply to any Lord Chancellor. We have had some Lord Chancellors who were very wise men and others who were very foolish men. Some have been distinguished lawyers and others have been rogues. It is well known, of course, that when one Lord Chancellor died and the information was brought to the then monarch, King George III, informing him that the Keeper of his Conscience had died, the remark made by the King was this: "He
has not left a greater knave behind him in my dominions." There have been loose men as Lord Chancellors, and there have been those distinguished because of their absence of any knowledge of law. Was there not one Lord Chancellor of whom it was said that if he knew a little law he would have known something of everything? Why should you leave, in the hands of one official, who is sometimes appointed for political purposes, so great a power as this, that may affect hundreds of contracts made from day to day and week to week?
If the House will take into consideration a further argument, it is this. Supposing the Lord Chancellor should devise a list of conditions to be imported into an open contract, and we have any objection to it. Suppose objection was taken, generally, throughout the legal profession. Suppose objection was taken by a number of important societies, what redress or remedy would they have? How could they put this thing right? If these things were done by Act of Parliament, obviously, they could come here and the matter could be dealt with here; but if they are simply declared from time to time by the Lord Chancellor there is no power of redress or remedy whatever.
It may be that the Solicitor-General will be able to meet this Amendment in some way. I only want to ensure that we shall not have to rest upon a, simple decision of one man making the law of this country. It ought to be decided in this House as conditions have been decided in earlier years. The matter was raised in Committee, and I think the Solicitor-General then said that, probably, the work would not be done by the Lord Chancellor at all, but settled by some eminent conveyancing counsel in chambers. That gives added point to any criticism we have to make, because we might be able to criticise the Lord Chancellor, but we do not know whom to criticise when the thing is actually drawn up by someone behind the Lord Chancellor. I should like the House to know that this is not simply a party Amendment, or one brought forward simply to achieve some small alteration in the Bill. It is an Amendment which deals with what is happening in this country every day of the week. The law of open contract is a very important law, and I ask,
therefore, that we should have some control in this House or some control outside that given to the Lord Chancellor over the conditions that determine the meaning of an open contract.

Sir T. BRAMSDON: I beg to second the Amendment. I will not follow my Ion. Friend in his historical retrospect, but I do hope the Solicitor-General will be able to do something to meet this really important point. This House is jealous of its power in regard to legislation, and we do not want to delegate it. If there had been in this Bill a form of contract as there are other forms of contract, we should have known what we were about.

Sir L. SCOTT: If any of the terrible disasters that the Mover and Seconder imagine are going to follow the application of this Clause were likely to follow, I should probably accept the Amendment, but, in my view, none of them will happen. Let us understand what the Clause is about. Parties who buy, sell, or lease land very often do it in a very casual way, by correspondence, and sometimes even by word of mouth. They do not put into their bargains the various conditions and stipulations which are necessary in order that they should really know what bargain it is that they are making. Not having done so, one thinks that something was meant which was not expressed, and the other thinks differently, and so they get to loggerheads. That is how a great proportion, a great majority, of disputes arise about dealings in land. I am sure that solicitors in the House will bear me out when I say that that is the most fruitful cause of the trouble which leads to expenditure upon those undeserving persons, the lawyers.
In order to try and remedy that state of things, this Clause has been drafted. Business men in the House will know that most business men in the various markets in the country make their contracts on recognised standard forms, issued by the association of which they are members—corn, wool, or whatever the trade may be. There are different forms; but when they make a bargain they know the details of the bargain, and all the various conditions, and so on, because they do it by reference to the standard form of their
trade. That is the principle underlying this Clause. Somebody has to draw up the form. The Lord Chancellor is merely put in, so to speak, as the association who has to give the usual form to be incorporated in the contract which has been made, say, by correspondence. The Clause provides that the forms so drawn up apply to sales that in everyday life are ordinarily meant. These forms shall from time to time be drawn by the Lord Chancellor. If the form, after being published, is found from any point of view not to be quite as good a form as it might be, it can be withdrawn and an amended one can be published in its place. The Lord Chancellor is put in simply because we must have some Department responsible, somebody who can be hauled over the coals for not publishing the right form
What will in effect be done—and I say this deliberately so that the House can have a record—will be that the Lord Chancellor will not draw all these forms himself. He will employ a competent draughtsman to draw them for him, and those forms, when provided by conveyancing counsel, or whoever it is that is employed to do the work, will, of course, be submitted to the persons primarily concerned in the adjusting of contracts. Forms will be submitted in due course before publication to the Law Society for their consideration. The forms are the usual forms, adapted for the purpose, just as the Law Societies to-day have drawn conditions of sale which are incorporated by reference in contracts made by correspondence. That is the whole object of this Clause. It is to enable parties making open contracts by correspondence to make a contract which is clear in its terms. The Lord Chancellor is not going to make the laws by himself in drafting these forms, for the Clause provides that these forms shall not be employed in a contract except in so far as the provisions in the correspondence differ from the forms. If there is anything in the correspondence which is not consistent with the incorporated form, then the written word, according to the ordinary principles of the law, will prevail over the printed word, and the printed word will be modified so far. My submission to the House is that this is not only a good but almost a necessary provision in order to get over what to-day is a fruitful source of unnecessary litigation.

Sir W. RUTHERFORD: One can agree with practically every word the Solicitor-General has said in respect to this Amendment, but I think the hon. and learned Gentleman has overlooked what is the real effect of the Amendment itself. The real effect, read in conjunction with the next Amendment standing in the same names is this, that by the Clause as it stands it is sought to make these common forms that are to be prepared applicable in all cases whether there is any reference to them or not in the correspondence, whereas the effect of the Amendment is that they are only to be deemed to be included and part of the contract if they are referred to in the correspondence, which is exactly opposite to the Clause as it stands. The difficulty at the present moment is this: a contract is made for the sale of a house for a certain sum of money it is made by a certain exchange of letters. One man says to another, "I will give you £1,000 for your house, No, so and so, in a certain street." The seller accepts the amount. I should like to know from the Solicitor-General whether it is intended in these forms to alter or vary the Statute of Frauds. For instance, in the correspondence there may be no reference to the date for completion of the purchase—a very important matter. I do not know whether the forms that the Lord Chancellor or some other learned gentleman is going to prepare are going to say that a contract that is arranged by correspondence that has not the date of completion is going to be deemed completed at the end of three months or six months. This would be a complete alteration of the Statute of Frauds as we know it to-day—a Statute distinctly made for the purpose of preventing humbug or fraud in connection with the sale of property.
At the present moment there are in existence in this country, I should think, at least a dozen different complete sets of printed forms similar, I suppose, to the one suggested. There is one prepared by the Liverpool Law Society, another which operates in London. There is a different one for Birmingham, and I think various other towns have got different sets of printed conditions. I presume the real meaning of this Clause is this: that when a man sells property to another without saying anything about the different conditions which are part of the sale, that some of the Clauses
which the Lord Chancellor or some other person has drawn up are to be considered as incorporated in the form as part of the contract and are to be carried out. Perhaps the Purchaser has never heard of them, and the vendor does not intend to impose them. According to the Amendment before the House, in order to bring this new printed form of contract into existence, there would have to be a word or two in the correspondence to say that the Lord Chancellor's form is to be applicable, whereas the Clause as it stands says that the Lord Chancellor's form is to be applicable unless it is expressly excluded.
For my part, I have always been in favour of the simplest possible form of contract between two people dealing in property. I have had, I am sorry to say, over 50 years' practical experience of contracts with property. It has been my business all my life to act both for vendors and for purchasers, and, therefore, I know something about the subject. I think that neither the Law Society conditions in Liverpool, nor those in London, nor Birmingham, nor the Lord Chancellors' ought to be imported into any contract whatever unless the parties desire it to be so. For that reason I am in favour of the Amendment. Is it intended to save space, time, or trouble, by adopting this printed contract as a whole? It reminds me of the story of the American who had a printed prayer hung up over his bed-head, and when he went to bed simply looked at it and said, "Them's my sentiments," so, as he supposed, saving a good deal of time. It would appear to be the same here. I do not think it is right in any contract for the sale of property in the future to incorporate into that sale 20 or 30 printed rules of which neither vendor nor purchaser has ever heard, and do not intend to be made applicable to the transaction. The Amendment is a good one. This Clause Only ought to be deemed to be incorporated if in the correspondence that has taken place either party says, "Subject to the Lord Chancellor's," or any other Clause, in whatever way it may be described. The simpler a contract the better; therefore I am in favour of the Amendment.

Mr. DENNIS HERBERT: It is with some trepidation that I follow my hon. Friend who has just spoken, because I
have only had about half the number of years' experience that he claims. I should like to support this Clause as it is drawn. The various conditions which have been drawn up and prepared by various law societies all over the country are rather dangerous documents. What particular document we are going to have I cannot say, but this Clause as drawn, and as it stands now, I am inclined to think, will leave open the possibility of using such a form as I think would be very useful. It need only be a very short form setting forth that where A agrees to buy and B agrees to sell so-and-so for so much, that then a number of other questions will be settled for the parties. Other conditions can be adopted by those who wish to carry out special provisions which may be embodied in the contract. In a simple case where someone says, "I will buy so-and-so for so much," and the other party says, "I will sell so-and-so for so much," surely certain other stipulations which are perfectly reasonable can very reasonably be embodied in a form which would be of great assistance to the ordinary individual doing business of this kind.

Mr. A. M. SAMUEL: I hope the Solicitor-General will not accept this Amendment. I think hon. Members will agree with me when I say that one of the greatest curses that can come upon us is the adoption of any words affording a loophole for a misunderstanding in a contract. If you have a contract which may contain the provisions or exclusions embodied in this Amendment, then you do provide a loophole for a misunderstanding. If this Amendment is pressed to a Division I shall vote against it.

Sir W. RUTHERFORD: If the Solicitor-General will assure me that there is to be no alteration in the Statute of Frauds, it is possible that we might agree.

Sir L. SCOTT: I do say so.

Mr. FOOT: I do not think any business men entering into an arrangement with other business men would like to think that something is incorporated into an open contract of which they have no knowledge. Business men to whom reference has been made carrying out trade transactions in a large city may incorporate the conditions of the association to which they belong. That is quite a
different thing because it saves them money and trouble, but what objection is taken to is two parties having thrust upon their contracts something about which they know nothing and did not intend. I know that the Solicitor-General made a reference to a responsible body who would decide upon these forms, and in that case I should have more confidence in the list drawn up. Nevertheless this is a considerable power to be given in such a case as that of a letter written by a man offering £500 for a house and the answer comes back, "I will give you £500 for the house." What is imported into that contract, and who is going to decide the conditions? Does the Lord Chancellor decide the length of the title? Supposing upon the publication of the list and the conditions which it is sought to incorporate into an open contract, the parties object to certain conditions, what remedy have they got?

Mr. D. HERBERT: I exclude those conditions, and I say when I make my bargain that I sell you this property on such and such terms excluding those conditions.

Mr. FOOT: I am speaking of what may happen between two ordinary purchasers and sellers who have no knowledge of the Lord Chancellor's list. I will take the usual form. If a working man is selling his house, a letter may pass between the parties. It may be a simple document stating, "I intend to sell this house to you at a certain price." I am sure it will come as a surprise to them to know that the Lord Chancellor's conditions have been incorporated into such a contract. Supposing the parties consider that the conditions are wrong and should be amended or amplified. After all the Lord Chancellor has no particular knowledge of such conditions. If we complain of the list and the conditions, what remedy have we got? How can we amplify such contracts? How can we have the list altered if we think it is not bearing fairly and properly upon the transactions which have arisen? I hope we shall have some assurance on this point, and then perhaps it will not be necessary to take a division upon this Amendment. It has been suggested that there will be a consultation with the Law Society. I shall be quite satisfied if the consultation takes place with those who have daily knowledge of these transactions.

Sir L. SCOTT: I did not say that the Law Society would be consulted on the contents of the forms. I meant that those members would be consulted who were best qualified to consider the drafting of such forms. The point of difference between the Clause and the Amendment is that under the Clause, as it is drafted, ignorant laymen may think they are making a good contract when they are not doing anything of the kind, and under the Clause they will be protected against the danger into which they may unwittingly fall. If they do not know of the existence of the Lord Chancellor s form, if they make a bad contract they will be protected. If we have the contract made in the form contained in the Clause, then the proper form will be automatically incorporated in the contract.

Mr. FOOT: After the explanation which has been given by the Solicitor-General, I ask leave to withdraw my Amendment.

Amendment, by leave, withdrawn.

CLAUSE 114.—(Vesting orders in relation to lunatics and defectives who are trustees or mortgagees.)

Sir L. SCOTT: I beg to move to leave out the Clause.
This is a purely formal Amendment, because the Clause is already in the Lunacy Bill.

Amendment agreed to.

CLAUSE 120.—(Various powers of trustees.)

(7) Trustees may, in their absolute discretion, from time to time cause the accounts of the trust property to be audited by an independent accountant, and shall for that purpose produce such vouchers, and give such information to him as he shall require; and the costs of such audit (including the fee of the auditor) shall be paid out of the capital or income of the trust property, or partly in one way and partly in the other, as the trustees shall in their absolute discretion think fit, but in default of any direction (in any special case) by the trustees to the contrary costs attributable to capital shall be borne by capital and those attributable to income by income.

Mr. D. HERBERT: I beg to move, in Sub-section (7), after the word "time" ["to time cause"], to insert the words
(but not more than once in every three years unless the nature of the trust, or any special dealings with the trust property, make it reasonable).
This Amendment is merely intended to prevent trustees acting unreasonably.

Lieut.-Colonel ROYDS: I beg to second the Amendment.

Sir L. SCOTT: I accept this Amendment.

Amendment agreed to.

CLAUSE 121.—(Power of advancement.)

(1) Where under a trust a person is entitled to the capital of the trust property or of any share thereof, whether absolutely or contingently on his attaining any specified age or on the occurrence of any other event, or subject to a gift over on his death under any specified age or on the occurrence of ally other event, and whether in possession or in remainder or reversion, the trustees may from time to time pay or apply any capital money subject to the trust, not exceeding altogether in amount one-half of the value of such property or share, for the advancement or benefit of such person in such manner as the trustees shall in their absolute discretion think fit:

Provided that

(a) If such person is or becomes absolutely and indefeasibly entitled to a share in the trust property the money so paid or applied shall be brought into account as part of such share; and
(b) No such payment or application shall be made so as to prejudice any person entitled to any prior life or other interest, whether vested or contingent, in the money paid or applied without the consent in writing of such person.
(2) This Section applies only where the trust property consists of money or securities or property held upon trust for sale calling in and conversion, and such money or securities, or the proceeds of such sale calling in and conversion are not by Statute or in equity considered its land, or applicable as capital money for the purposes of the Settled Land Acts.
(3) This Section applies only if and as far as a. contrary intention is not expressed in the instrument (if any) creating the trust, and shall have effect subject to the terms of that instrument and to the provisions therein contained.
(4) This Section applies only to trusts constituted or created after the commencement of this Act.

Sir J. BUTCHER: I beg to move to leave out the Clause.
As it is drawn, it is a very drastic proposal. Supposing I leave a sum of money to someone upon attaining a certain age and conditional and contingent upon attaining that age; or supposing I leave a sum of money to a
woman conditional upon her marriage. Although this money is left conditionally, by this Clause the trustee may divest the person who would ultimately benefit of half the property. Let us consider how it works out. Supposing I leave £1,000 to A.B. upon his attaining the age of 25 and I further provide that if he does not attain the age of 25 it goes to C.D. Notwithstanding the fact that I have definitely laid down that he should only receive this money on attaining the ago of 25, this Clause says that the trustee may give A.B. half the legacy before he attains that age. Therefore, it gives the trustee the right to take away from C.D. half of the money and hand it to A.B. I can quite understand a Clause of this kind being put into a settlement. A man may leave money to his children on attaining the age of 25, and it may be necessary to give power to his trustees to use part of the money in order to advance their prospects. It is, however, quite improper that such a power should be given in a Clause of this kind in an Act of Parliament. Supposing a man deliberately omits putting a Clause into the settlement which will permit advancement; yet the Bill permits such advancement unless it is expressly in terms excluded. I venture to think it would be much better to leave the law as it stands at present so that when a testator says that A.B. is only to receive £1,000 when he attains the age of 21 or marries, that shall operate, while if he desires to give power of advancement he is perfectly free to do that, and in that case his wish will he carried out. On the other hand, if this Clause is retained, his wish may be rendered entirely nugatory.

Lieut.-Colonel HILDER: I beg to second the Amendment.

Sir L. SCOTT: This is a very valuable Clause, and it is one that experience has proved to be most necessary. I cannot help feeling a little disinclined to again quote the conveyancer of Lincoln's Inn, whose experience in this matter is so invaluable, because it necessarily involves the inference that the hon. and learned Member who has moved the Amendment is not familiar with the existing practice. We in this House all appreciate the immense amount of time and trouble the hon. Member has given to his public duties, but the truth of the matter is
that those public duties have taken him away from the daily practice of conveyancing for a great number of years, and I hope he will not think I am reflecting on his once great knowledge of conveyancing when I say it is there no longer. The present-day practice shows what present-day experience wants. May I just read a few sentences from a couple of letters in reference to this Clause Mr. Underhill, a learned conveyancer, writes:
Clause 121 ought, I think, to stand. No one with experience would deny that for many years before 1881 it was always usual in well-drafted settlements and wills to provide (1) for the maintenance of infants even where only contingently entitled on attaining 21, and (2) for the) advancement to infants out of vested or contingent capital. In 1881 Parliament, in the 42nd and 43rd Sections of the Conveyancing Act, provided for the maintenance of infants but left the question of advancement to he dealt with by the settlors and testators expressly. In my opinion the time has now come for giving statutory force to a provision which we find in every well-drafted settlement or will.
That has become the ordinary practice. As regards the comment of the Mover of the Amendment that it is inconvenient that capital which is only left contingently should be used for the advancement of persons contingently interested, I venture to think the hon. and learned Member has omitted to take into consideration a fact which we all know to be the case. The property is left contingently on attaining the age of 21 years or marrying because the settlor wants to avoid the risk of the death duties being paid in the event of the person dying unmarried before the age of 21. It is really consistent with the intentions of the settlor that the advance should be made. The proof of that is that in settlements and wills now made the power of advancement is habitually given. Then Mr. Edward Beaumont, who was President of the Institute of Conveyancers when this particular Bill was considered, has written as follows in regard to this Clause:
My answer to the proposal to leave it out is that some such Clause is inserted in almost every settlement or will. I should think it is not omitted in more than one case in twenty. If I were instructed to put all 'usual and proper Clauses,' I should as a matter of course, insert this Clause, and so I take it would all conveyancers. The causes for which advancements may be required are endless. It may be a matter of the utmost importance to be able to advance money for some urgent need, and if you have no ad-
vancement Clause it would be necessary to go to the Court and have some scheme for charging the child's contingent interest and insuring the child's life, and to waste money simply for want of a 'common form' provision. Advancement is generally wanted when a child is starting in life, and that is not much under 21, and it would be a very rare thing for the child who is advanced not to become ultimately entitled to the settled fund. Even in the rare case of his dying, before becoming absolutely entitled to the whole fund, the money advanced will have been well spent for the benefit of one of the objects of the settlement.
These are the facts of the case. The Clause can be negatived or excluded by any settlor if he chooses, and it does not apply to any trust constituted or created before the commencement of the Act. Under these circumstances, I ask the House to reject the Amendment.

Sir J. BUTCHER: The Solicitor-General may have done me unwittingly a benefit by suggesting I am or was an eminent conveyancer. I think he is mistaken. But this is not merely a question of conveyancing. It is a question of common sense. If a man leaves money contingently at the age of 21, and wishes to empower the trustee to advance half the money before that age is attained, he can provide that that be done. But if he does not put such a provision into the settlement, why should the money which belongs to one person be given to another person? It really passes my understanding that such a thing should be proposed. If a man says that A.B. shall receive a certain sum only when he attains the age of 21, and that if he does riot attain that age, C.D. shall get it, why should an Act of Parliament override such a provision?

Lieut.-Colonel ROYDS: The object of this Bill very largely is to save costs. This Clause is a Clause which it to be found in every well drawn will and settlement, and if it is not there, the beneficiaries under that will or settlement are at a very great disadvantage. If this Clause is retained, it will lessen costs and it will also supply a defect from which many beneficiaries may suffer. If a testator leaves a sum of money to a child, who is to receive it on attaining the age of 21 or 25, that child is primarily intended to be benefited, although it is not to have complete control of the money until the age definitely fixed is reached.
Power is generally given to the trustee to apply a part of the money not exceeding one-half for the benefit of the child, and that is all that this Clause does.

Amendment negatived.

CLAUSE 138.—(Extinguishment of manorial incidents.)

(1) The manorial incidents affecting enfranchised land saved by Part V of this Act, and all manorial incidents of a like nature affecting any other land shall by virtue of this Act be extinguished in respect of the land thereby affected, but subject to the payment of such compensation (if any) in respect of any manorial incidents referred to in Part H of the Thirteenth Schedule to this Act, whether the incidents are saved by Part V of this Act or not, as is payable under the provisions of this Part of this Act, upon the happening of any of the following events:

(b) where a notice requiring the ascertainment of such compensation is served by the lord on the tenant or by the tenant on the lord within ten years after the commencement of this Act, then upon service of the notice.

Sir L. SCOTT: I beg to move, at the end of Sub-section (1, b), to insert the words
but the lord shall not be entitled to serve such notice till after the expiration of five years from such commencement.
This is a part of the Bill dealing with compensation for the extinguishment of manorial incidents. The Amendment I move is only likely to be wanted on very rare occasions. A good many copyholders think some lords of the manor might be a little arbitrary or capricious and this Clause is put in for their protection in such cases. This is to all intents and purposes a formal Amendment.

Amendment agreed to.

CLAUSE 140.—(Provisions where manorial incidents are extinguished on expiration of ten years after the commencement of Act.>)

Where in respect of any enfranchised land or in respect of any other land liable to any heriot, quit rent, chief rent, free rent, or other manorial incident, the manorial incidents affecting the land are by virtue of this Act extinguished upon the expiration of ten years from the commencement of this Act by reason of no compensation agreement having been made or notice given to ascertain the compensation before the expiration
of that period, the following provisions shall have effect:

(d) The costs and expenses of determining the compensation in any case to which this Section applies shall, notwithstanding anything contained in this Part of this Act, and in default of agreement, be borne by the lord and the tenant or either of them or by both in such proportions as the Minister may determine to be just according, as nearly as may be, to the advantages derived from the extinguishment by the lord and tenant respectively or by either of them.

Amendment made: In paragraph (d) leave out the words
lord and the tenant or either of them or by both in such proportions as the Minister may determine to be just according, as nearly as may be, to the advantages derived from the extinguishment by the lord and tenant respectively or by either of them.
and insert instead thereof the words
tenant, unless the Minister considers that the conduct of the lord has been unreasonable or that special considerations apply, in either of which cases the Minister may determine by whom and in what proportions, if any, the costs and expenses are to be borne, and in so determining he shall have regard to what would be just, accordingly as nearly as may be to the advantages derived from the extinguishment by the lord and tenant, respectively, or by either of them."—[Lieut.-Colonel Royds.]

CLAUSE 150.—(Succession to real and personal estate on intestacy.)

(1) The residuary estate of every person who dies intestate after the commencement of this Act shall be distributed in the manner or be held on the trusts mentioned in this Section, namely:—

(b) If the intestate leaves issue, upon trust, as to one moiety or the property appropriated in respect of the same, for the surviving husband or wife during his or her life, and, subject to such life interest, on the statutory trusts for the issue of the intestate; and as to the other moiety or the property appropriated in respect of the same, on the statutory trusts for the issue of the intestate; but if those trusts fail or determine in the lifetime of a surviving husband or wife of the intestate, then upon trust for the surviving husband or wife during the residue of his or her life.

(vi) Sixthly, for the great grandparents of the intestate, and if more than one survive the intestate, in equal shares; but if no member of this class takes an absolute interest; then

(vii) Subject to the interests of a surviving husband or wife of the intestate, and in default of any other person taking an absolute interest under the foregoing provisions, the residuary estate of the intestate shall belong to the Crown or to the Duchy of Lancaster or to the Duke of Cornwall.

(6) If there is only one personal representative (not being a trust corporation) then, during any minority or the subsistence of a life interest, any person interested or the guardian, committee or receiver of any such person may apply to the Court under the Trustee Act, 1893 (as amended by any subsequent enactment) for the appointment of new trustees either in addition to or in place of the personal representative.

Sir L. SCOTT: I beg to move, in Subsection (1, b), to leave out the word "moiety" ["upon trust as to one moiety"], and to insert instead thereof the word "half."
I may explain that the Member for Bodmin (Mr. Foot) suggested in Committee that the word "half" was known and understood by more people than the word "moiety" and he asked me to substitute "half" for "moiety." I am now proposing to do so.

8.0 P. M.

Mr. FOOT: I hope that the Solicitor-General, inasmuch as he has frequently spoken of the necessity of cheapening and simplifying and improving the law, will recognise that the lawyer members of the Committee on several occasions have brought forward suggestions with that intent. It was, he will remember, on the suggestion of the. Member for Central Portsmouth (Sir T. Brarnsdon) that the provision with regard to attaching the seal was taken out. He will also remember that on one occasion I asked that the Stamp Duty on a reconveyance might be removed, so that the procedure might be cheapened and made easier, and in view of the fact that the word "half" is well known to all, whereas the word "moiety" is known only to a few, it may perhaps be counted for righteousness on the part of the solicitors that we are anxious to have the law thus simplified.

Sir L. SCOTT: May I say that I am very greatly indebted to the legal members of the Committee upstairs for their assistance then and on the Report stage as well.

Amendment agreed to.

Further Amendment made: In Subsection (1, i, b) leave out the word "moiety" ["and as to the other moiety"], and insert instead thereof the word "half".—[Mr. Foot.]

Sir J. BUTCHER: I beg to move, in Sub-section (1, vi), to leave out the words
Sixthly, for the great-grandparents of the intestate, and if more than one survive the intestate, in equal shares; but if no member of this class takes an absolute interest; then—
and to insert instead thereof the words
Sixthly, for the surviving husband or wife of the intrastate absolutely.
This Bill lays down an entirely new scheme for the distribution of the estate of an intestate, and makes it applicable —a very important alteration—not only to personal property but to real property. We all know that under the present law, if a man owning real property dies intestate, the whole of the property goes to his eldest son or his heir-at-law. Now the property, whether real or personal, is made, on intestacy, to go in the same way in each case. I do not in the least quarrel with the method of disposition up to a certain point. It is perfectly reasonable, and I do not need to refer to its details, but the object of this Amendment is to prevent the necessity, if there are no children, uncles, aunts first cousins or parents, of looking for second cousins. As the Bill stands, if there is no person of the degree of first cousin or nearer, it says one must go to the great grandfathers, of whom there are eight, and trace down all their descendants to the second cousins, to find out who is entitled. One objection to that is that it would probably exhaust the estate. I have known cases myself where a man has had, say, £1,000 to leave, and has left it to his second cousins. The Court has ordered inquiries as to who they were, and, after a great deal of trouble, it has been found that there were 200 or 300 of them. That did not exhaust the stock, but it exhausted the money, and they could go no further. Inasmuch as, in cases of intestacy, the sum involved is usually small, to look for second cousins would, in nine cases out of 10, exhaust the whole estate, and no one who was intended to benefit would get anything out of it at all.
That, however, is not the only reason. I think that when you have looked into
the relatives of the intestate as far as first cousins, that is to say, when you have inquired whether there is father, mother, children, brothers, sisters, or children of uncles or aunts, and when you have found that there are no persons of that degree of relationship alive, I think one might fairly say one will not go any further in distributing the property, but leave it to the surviving husband or wife, as the case may be. Let me say, moreover, that the Treasury is very liberal in cases of intestacy. If there is no one who, according to law, is strictly entitled to receive the property, it falls, strictly speaking, to the Treasury, but if the Treasury find that there is some dependant or person connected with the intestate, they give him the money, although by law he is not strictly entitled to it. For these reasons, I think we need not go beyond first cousins, and if there are no first cousins we might give it to the husband or wife or, if there be neither, to the Treasury.

Sir T. BRAMSDON: I beg to second the Amendment.

Sir L. SCOTT: I venture to think that the House ought to accept this Amendment. May I—more, perhaps, for the gratification of the hon. and learned Member who moved it—read once more from Mr. Underhill's letter? He says:
I am wholeheartedly in favour of the Amendment. I doubt whether one in a hundred persons cares a rap about any relation who is further removed than first cousin, and if he does he has only to make a will. My experience of 50 years at the Chancery Bar is that the costs of inquiries to ascertain remote next-of-kin is out of all proportion to the estate. Some few years ago, in my own experience, a man died intestate without any next-of-kin nearer than the descendants of his paternal great-grandfather and his maternal great-grandmother. He left £10,000 more or less. Of course, the administrator had to go to the Court for nil inquiry. This lasted for years, and advertisements had to be inserted in newspapers all over the world. Hundreds of claimants turned up, and their claims had to be investigated, and in the result, after payment of the costs, each claimant got under £5.
That is the kind of thing that happens, and when one bears in mind the hon. and learned Member's observation that the Treasury is very liberal and very careful in distributing any unclaimed funds to relatives or other deserving persons who are found, I think the House
might well save what is really an unnecessary waste and accept the Amendment.

Amendment agreed to.

Further Amendments made: In Subsection (1, vii), leave out the words, "subject to the interests of a surviving husband or wife of the intestate, and."—[Sir J. Butcher.]

In Sub-section (1, vii), leave out the word "other" ["other person taking an absolute interest"].—[Sir L. Scott.]

Mr. FOOT: I beg to move, in Sub-section (6), after the word "corporation" ["not being a trust corporation"], to insert the words
or an executor originally appointed to be executor to a will by a testator.
I can deal with this Amendment very shortly, and no doubt the Solicitor-General will be glad to be released after a long Sitting. Sub-section (6) of this Clause gives power to apply to the Court for the appointment of an additional trustee if there he only one. The only exception that I would propose to that is that when the one trustee is a sole executor appointed by the testator this power shall not apply. If I make my will and appoint my son executor to hold the property during the lifetime of my wife, and afterwards to divide it amongst himself and his brothers and sisters, why should there be power to add another executor if I am satisfied with the appointment of one? If a testator appoints one, he obviously intends that that one shall have the whole responsibility. He makes the appointment, and he is the best judge of the ability of the executor to manage his affairs. If he wanted to appoint two he would do so. The fact that he has appointed one should surely be the deciding factor, and I do not think it should be open for someone else who has some sort of interest in the property to make an application to the Court, involving expense, when the testator wished for only one sole executor. The proposition seems to me to be a reasonable one. I am glad that the last Amendment was accepted. The Solicitor-General has got practically the whole of his Bill, and, with this small concession at the end, I think we can bring the four or five hours' hard discussion to a very genial close.

Sir T. BRAMSDON: I beg to second the Amendment.

Sir L. SCOTT: I hope the Mover of this Amendment will remember that, as regards his Amendments generally, I have given him "half," and that he will, therefore, forgive me if I refuse to give him this one. The whole scheme of the Bill is that, where individuals are trustees, as distinguished from a corporation, there shall be at least two, and this Amendment is inconsistent with that principle. It is a safeguard that we want to maintain.

Amendment negatived.

Orders of the Day — SECOND SCHEDULE.

PROVISIONS AS TO MORTGAGES.

Existing freehold mortgages to take effect by way of demise.

1.—(1) All land vested in a first or only mortgagee for an estate in fee simple shall, from and after the commencement of this Act, vest in the first or only mortgagee for a term of three thousand years from such commencement, without impeachment of waste, but subject to a provision for censer corresponding to the right of redemption which, at such commencement, was subsisting with respect to the fee simple.

Amendment made: In paragraph 1 (1) after the word "simple" ["and estate in fee simple"] insert the words "whether legal or equitable."—(Sir L. Scott.)

Orders of the Day — THIRD SCHEDULE.

PROVISIONS AS TO UNDIVIDED SHARES.

Vesting of land held in undivided shares in, trustees on, trust for sale, and repeal of the Partition Acts.

1. Where, at the commencement of this Act, land is held at law or in equity in undivided shares vested in possession the following provisions shall apply:

(1) If the entirety of the land is vested in trustees or personal representatives (subject or not to incumbrances affecting the entirety or an undivided share) in trust for persons entitled in undivided shares, it shall be held by, or vest free from incumbrances.

(3) If the entirety of the land is settled land (subject or not to incumbrances affecting the entirety or an undivided share) held under one and the same settlement, it shall, by virtue of this Act, vest, free from incumbrances affecting undivided shares or not secured by a legal term of years absolute (created by this Act or otherwise) or by a charge by way of legal mortgage, in the trustees (if any) of the settlement as joint tenants upon the statutory trusts:

Property Provided that

(i) If there are no such trustees then, pending their appointment, the land shall, by virtue of this Act, wet (free as aforesaid) in the Public Trustee upon the statutory trusts;
(ii) The Public Trustee shall not be entitled to act in the trust, or charge any fee, or be liable in any manner unless and until requested in writing to act by or on behalf of persons interested to the extent of more than an undivided moiety of the land or the income thereof;
(iv) If the persons interested to the extent of more than an undivided moiety of the land or the income thereof do not either request the Public Trustee to act, or (whether he refuses to act or has not been requested to act) apply to the Court for the appointment of trustees in his place, within three months from the time when they shall have been requested in writing by any person interested so to do, then and in any such case any person interested may apply to the Court for the appointment of trustees in the place of the. Public Trustee, and for an Order vesting the land in such trustees (free as aforesaid) upon the statutory trusts, and the Court may make such Order as it thinks fit;

(4) In any other case to which the foregoing provisions of this Section do not apply, the entirety of the land shall vest (free as aforesaid) in the Public Trustee upon the statutory trusts:

Provided that

(i) The Public Trustee shall not be entitled to act in the trust, or charge any fee, or be liable in any manner, unless and until requested in writing to act by or on behalf of the persons interested to the extent of more than an undivided moiety of the land or the income thereof;
(iii) Any persons interested in more than an undivided moiety of the land or the income thereof may appoint new trustees in the place of the Public Trustee with the consent of any incumbrancers of undivided shares (but so that a purchaser shall not be concerned to see whether any such consent has been given) and vest the land in the persons Ro appointed (free as aforesaid) upon the statutory trusts; or such persons may (without such consent as aforesaid), at any time, whether or not the Public Trustee has accepted
(iv) If the persons interested to the extent of more than an undivided moiety of the land or the income thereof do not either request the Public Trustee to act, or (whether he
462
refuses to act or has not been requested to act) apply to the Court for the appointment of trustees in his place, within three months from the time when they shall have been requested in writing by any person interested so to do, then and in any such case any person interested may apply to the Court for the appointment of trustees in the place of the Public Trustee, and for an order vesting the land in such trustees (free as aforesaid) upon the statutory trusts, and the Court may make such order as it thinks fit.

(10) The Partition Acts, 1868 and 1876, are hereby repealed without prejudice to any proceedings thereunder commenced before the commencement of this Act, and to the jurisdiction of the Court to make any orders in reference thereto, and subject to the following provisions, namely:—

(i) In any proceedings, and at any stage thereof, any person or persons interested individually or collectively to the extent of one moiety or upwards in the land to which the proceedings relate, may apply to the Court for an order staying such proceedings.

Joint tenancies.

3.—(1) Where a legal estate (not being settled land) is vested in joint tenants beneficially and any tenant desires to sever the joint tenancy in equity, he may give to the other or others a notice in writing of such desire or do such other acts or things as would in the case of personal estate have been effectual to sever the tenancy in equity, and thereupon the land shall he held by them as joint tenants on trust for sale with full power to postpone the sale and the net proceeds of sale and the net rents and profits until sale shall be held upon the trusts which would have been requisite for giving effect to the beneficial interests if there had been an actual severance. Section sixty-seven of the Conveyancing Act, 1881, shall apply to any such notice.

(2) From and after the commencement of this Act. no severance of a joint tenancy of a legal estate, so as to create a tenancy in common in land, shall be permissible, but this Sub-section does not affect the right of a joint tenant to release his interest to the other or others, or the right to sever a joint tenancy in an equitable interest (whether or not the legal estate is vested in the joint tenants), but when so vested the land shall he held by the joint tenants on trust for sale.

(4) From and after the commencement of this Act every tenancy by entireties shall he converted into a joint tenancy, and any tenancy which might otherwise take effect by entireties shall take effect as a joint tenancy.

Amendments made:

In paragraph l (3, ii), leave out the word "moiety" ["an undivided moiety of the land"], and insert instead thereof the word "half."

In paragraph l (4, i), leave out the word "moiety" ["an undivided moiety of the land"], and insert instead thereof the word "half."

In paragraph l (4, iii), leave out the word "moiety" ["an undivided moiety of the land"], and insert instead thereof the word "half."

In paragraph l (4, iv), leave out the word "moiety" ["an undivided moiety of the land "], and insert instead thereof the word "half."

In paragraph l (10, i), leave out the word "moiety" ["to the extent of one moiety or upwards "], and insert instead thereof the word "half."

In paragraph 3 (2), after the word "permissible," insert the words "whether by operation of law or otherwise."

In paragraph 3(4), leave out the words
any tenancy which might otherwise take effect by entireties shall take effect as a joint tenancy,
and insert instead thereof the words
in any disposition made or coining into operation after such commencement, a husband and wile for all purposes of acquisition of any interest in property, be treated as two persons."—[Sir L. Scott.]

Sir L. SCOTT: I shall be very glad, indeed, to take the Third Reading now, if I am permitted.

Sir J. BUTCHER: I have no desire to obstruct the Bill in any way, but the Leader of the House announced that the Third Reading would be taken on Friday and there may be some hon. Members who want to be present.

Mr. FOOT: The announcement was made by the Joint Parliamentary Secretary to the Treasury on Monday that the Third Reading was to be taken on Friday.

Lieut.-Colonel A. MURRAY: I believe there was some understanding to that effect.

Mr. SPEAKER: That was certainly announced on Monday during the proceedings, but to-day I was informed by the Joint Parliamentary Secretary to the Treasury that there was an agreement that it should be taken to-night.
Bill to be read the Third time upon Friday.

Orders of the Day — CONSTABULARY (IRELAND) BILL.

As amended (in the Standing Committee), considered.

Motion made, and Question proposed. "That the Bill be now read the Third time."

Sir J. BUTCHER: I wish to explain why it is that those who are interested in this question did not bring forward any Amendments on Report. The reason was that it was thoroughly thrashed out in Committee, and the Chief Secretary met our Amendments as far as he could, within the limits of his power, subject to the Treasury, very fairly. I wish the Treasury could have seen their way to provide more money in the case of the men who were driven out of Ireland and had to come to England or elsewhere for refuge. Under the disbandment terms certain allowances were made to men who were terrorised into leaving their homes. We did our best to get better terms. I regret very much that the Treasury did not see fit to grant them, but I am bound to say the Chief Secretary went as far as he could and did improve the terms, and did what he could for these men, in whom I know he feels a very deep interest, and I thank him for it. I hope if it turns out that the provisions of the Bill are really insufficient to meet the case of these unfortunate Royal Irish Constabulary men, who are in many cases suffering great distress and great trouble owing to the condition of affairs in Ireland, he will, either by Vote of the House, which he can easily do when the Estimates come on, or in some other way make provision, should the necessity arise, for alleviating their lot and removing the hardships under which they are now suffering and may suffer in the future. I do not ask for a pledge, but I hope he will say a sympathetic word, and if the position of these men justifies some better financial treatment than they receive at present he will do his best to meet their case by a Vote when the occasion arises.

The CHIEF SECRETARY for IRELAND (Sir Hamar Greenwood): I thank the hon. Baronet for the kind reference he has made to myself. Like him, I have always been a champion of this force and the disbanded members of it. I believe under the terms of disbandment and under the Bill hard cases are met if they arise, but if cases in the future are not met by
the terms of disbandment or by the Bill, I shall certainly most sympathetically consider any such cases.

Question put, and agreed to.

Bill read the Third time, and passed.

Orders of the Day — SUMMER TIME BILL [Lords].

Order for Second Reading read.

The SECRETARY of STATE for the HOME DEPARTMENT (Mr. Shortt): I beg to move, "That the Bill be now read a Second time."
This Bill is rendered necessary by the fact that the power by Order in Council to decree Summer Time will end this year. The Summer Time Act, 1916, gave power to make Orders in Council during the continuance of the War, and by the War Emergency Laws (Continuance) Act, 1920, the power was extended till the end of next August. Under those powers an Order was made for Summer Time this year, but unless some Act of Parliament is passed there will be no power to decree Summer Time in 1923. I am sure the House will agree that it is advisable, if possible, to do away with Orders in Council and to have a definite permanent decision of this House. Therefore there are two points to be considered in this Bill, first, whether Summer Time is to be made a permanent institution and, secondly, if it is, what are to be the dates that ought to be the rule. I do not want to go into the pros and cons of the question, they have been thrashed out on the Floor of the House many times, but I think I can say that the great preponderance of opinion in this country is in favour of Summer Time for some period at any rate. There are differences of opinion as to the period, but certainly a very large majority of people in the country are in favour of Summer Time for some period. A Departmental Committee reported in 1917 that they were unhesitatingly of opinion that the vast preponderance of opinion throughout Great Britain was enthusiastically in favour of Summer Time and of its renewal, not only as a war measure, but as a permanent institution. Since that time we have had at the Home Office resolutions in favour of the Bill from 286 local authorities, from all branches of the National Chamber of Trade, from 21 Chambers of Commerce, from 70 other
trade associations and from 36 miscellaneous societies. That is a very large measure of support. Against it, undoubtedly, there is the agricultural interest, and we must face that fact. Whether, if we could curtail to a certain extent the period of Summer Time, the agricultural interest would be unanimously against it I very much doubt. I think it is the two ends of the period of time to which agriculture is opposed, but, taking the time as it stands at present, the agricultural interest have sent in objections to the Bill. Outside the agricultural interest there have been three local authorities, two small urban district councils, Normanton and Tarporley, and there have been seven other societies—labour bodies—most of them small, such as the Trades and Labour Councils of Barking, Barnstaple and Spen Valley, the Amalgamated Society of Woolworkers of Darlington, Northumberland Heath Women's Labour Section, the National Union of Agricultural Workers of Devonshire and Cornwall and the National Union of Vehicle Workers. That is the whole of the opposition we have had, as opposed to 28 local authorities, all the branches of the National Chamber of Trade, 21 Chambers of Commerce, 70 trades associations, and 36 miscellaneous societies. Therefore I think I am justified in saying that the measure of support for Summer Time in principle is that of a very large majority of the country.
The second question is the period of time. This year we have fixed the period of time in consultation with France and Belgium. Unfortunately, for reasons which it is not necessary for me to go into, it is impossible to enter into any permanent arrangement with France this year. France does not know what her future in regard to Summer Time is going to be. When we come to consider the period I am bound to say that I am very much impressed with the fact that it is idle to suggest that you cannot arrange the same period of Summer Time between say, the South of France and the North of England or Scotland. The climatic conditions and seasons of the year are so totally different that you cannot possibly arrange a period of Summer Time which might be perfectly workable in the South of France but would be most injurious certainly to the agricultural industry in the North of England and Scotland. The real reason for trying to
make the two countries agree was for cross-Channel traffic and travelling purposes.

Mr. AMMON: The difficulty is in regard to the period. There was no objection to the hours.

Mr. SHORTT: It is the period I am referring to, and not the hours. The real question of difference is in regard to the month of April and month of September, and with regard to that I can only say that I have been very much impressed by the points put to me by those who represent the agricultural industry. They have been put to me most forcibly by my right hon. Friend the Minister of Agriculture, and I know that they represent the large body of agricultural opinion in this country. I am quite prepared to agree that there should be some curtailment in the period as it exists this year. I do not think it, is possible, having regard to the interests of agriculture, to maintain the period as we have fixed it this year. I appreciate entirely that so far as September is concerned there will he great disappointment among a very large portion of the urban popula[...]ion if the period is curtailed; hut, at the same time, we must, if we are legislating in this way, try to strike a fair balance between the interests of a great industry like agriculture and the interests of the urban population, who are chiefly affected by the Act. I have come to the conclusion that we must have a curtailment of some character. Once we admit that there must be some curtailment, that becomes a Committee point.
I am going to ask the House to give the Bill a Second Reading as it stands, with this clear acknowledgment on my part, and with a clear understanding on the part of the House that in giving the Bill a Second Reading the House is in no way pledging itself to the period set out in the Bill. After hearing the discussion on the Second Reading, and having the benefit of hearing what is said, we can between now and the Committee stage try to come to some arrangement between the urban interests, the interests of those who want more opportunity for recreation, amusement and pleasure in the evenings, and the agricultural interest, and try to arrive at a fair period for Summer Time. Therefore, I ask the House to give the Bill a Second Reading
on the clear understanding that that pledges nobody to the particular dates in the Bill, and that between now and the Committee stage we will endeavour to come to a fair arrangement between the conflicting interests. If we come to an arrangement, I will undertake to put down an Amendment to meet it; but if we have not come to an arrangement, I will endeavour to come to the best decision possible, with the help of my Department, and will put that down as an Amendment, so that the whole matter can be thrashed out. Having regard to the fact that I believe there is in this country a very large majority who wish Summer Time to be made a permanent institution, I ask the House to give the Bill a Second Reading upon those terms.

Lieut.-Colonel MURRAY: I beg to move, to leave out from the word "That" to the end of the Question, and to add instead thereof the words
this House refuses to give its assent to a Bill which will inflict serious and continuing injury on the industry of agriculture.
The right hon. Gentleman has laid emphasis on the large measure of support there is for Summer Time, but the somewhat indefinite character of the promise of consideration for the agricultural interests which fell from him make it necessary that I should emphasise the reasons for the opposition to Summer Time from the agricultural point of view. In moving this Motion I desire to impress upon the Government the fundamental fact that the agricultural community in this country is practically united in its opposition to Summer Time in its present form. There is a distinct reason for our opposition, and it is, that, despite the pious hopes of autocratic Governments, the sun refuses to submit to the dictates of man-made laws. Agricultural operations have to be conducted, in the main, not by the clock but by the sun. Nothing can alter that fact, and nothing that this Government, or any other Government, can do will make the sun appear above the horizon a moment earlier, or will remove the dew from the hay or corn at an earlier hour than nature decrees. It is on this simple and self-evident proposition that the objections of agriculturists to Summer Time are based.
The right hon. Gentleman said that this subject had been debated in this House very often, and that the pros and cons
of Summer Time had been thrashed out time and again in this House. This is the first occasion on which the subject of Summer Time has been debated in this House since it came into operation in 1916. There have been debates prior to the time when Summer Time came into operation, but not since the Act was passed in 1916 which made Summer Time permanent for the period of the War and for three years thereafter. I suggest that all the predictions of agriculturists in 1916 and in the preceding years have been fully substantiated by subsequent events. What were those predictions? We began with the year 1909, when a Bill was introduced and a Select Committee was appointed, before which various gentlemen on behalf of the agricultural community gave evidence. There was the evidence of Mr. Christopher Middleton, who said that agriculturists generally, in fact, universally, were very much opposed to the proposals contained in the Bill, and that they considered that the Bill would cause them great inconvenience and a. good deal of loss at certain times of the year. A former Member of this House, an eminent agriculturist, Lord Bledisloe, gave evidence against the Bill. Then there was the hon. and gallant Member for the Rye Division of Sussex (Lieut.-Colonel Courthope), who moved the rejection of the Bill, as representing the Associated Chambers of Agriculture, composed of 150 agricultural organisations. There was complete unanimity on the part of those organisations as to the effect of Summer Time upon agriculture. Then Mr. George Nicholls, who was then a Member of the House, as representing the agricultural labourers, and the hon. Member for South Norfolk (Mr. G. Edwards) also opposed it. The predictions then made have been justified by subsequent events.
Then we come to the Bill of 1916. A Resolution, approving of that Bill, was moved by the right hon. Gentleman the Member for Blackburn (Sir H. Norman), who delighted the House—I was not here at the time, but I have looked up his speech—with a speech in which he told the House the difference between sidereal time, mean solar time, apparent solar time, Irish time, Greenwich civil time, legal time, lighting-up time, and closing time, and referred to the hour-angle of the vernal equinox, the sundial, the imaginary motion of the sun.
the celestial equator, and the negligible wobble of the earth on its axis. That was followed by a practical speech from the right hon. Gentleman the Member for the City of London, in which he showed that agriculture would be detrimentally affected by the Bill. Then came a speech by the then Home Secretary, now Sir Herbert Samuel, High Commissioner in Palestine, in which he said that the Government would not have dreamt of favouring this Measure or inviting the House to consider it unless it had reason to think that it was essentially advantageous for war purposes. That was the opinion of the Government of the day. I regret that the present Government has not seen fit to adopt a similar opinion. That is the history of Summer Time up to the year 1916. I have troubled the House with it in view of the fact that since 1916 there has been no Debate in this House upon the pros and eons of this Measure.
Since Summer Time has been in operation, how has it affected agriculture? Take, for instance, the case of arable farms. It is a truism to say that an hour in the late afternoon is the most valuable hour of the day. Summer Time takes away this hour and puts in its place a bad morning hour. In spring there are some kinds of work, such as seed sowing and harrowing, which are delayed until the morning frost disappears. Coming to the summer, when the morning dew often prevents hay-making operations until later in the day, there is a. valuable hour taken away. In the autumn dew and frost make early harvest work impossible. Sometimes the whole of the forenoon is lost, particularly in the month of September, when operations are seriously handicapped, and this often results in very serious loss. Then it can be shown that its effects are equally detrimental to farmers who are engaged in dairying. In spring it means generally from three to four weeks' extra work in artificial light, which involves extra cost of milk production. Again, in autumn, certainly in Scotland, it curtails the period in which farmers are able to keep cows lying out in the fields over night, as, owing to the darkness, it is difficult to gather them in from the fields in the early morning. This entails extra cost of feeding and extra cost of milk production.
I have here a long list of statements from agriculturists from all over Scotland stating their objections to Summer Time in its present form. I do not wish to weary the House by quoting them. There are some from the county which I have the honour to represent. There is a long statement from Berwickshire, where farmers have found its operations particularly hard, while from the men's point of view they are strongly opposed to Summer Time. From Aberdeenshire they write:
It is all very well to tell the farmers to change from God's time to Lloyd George time. Agriculturists object to it for school reasons for the children.
From Perthshire comes the statement that it is against the food production of this country. From Argyleshire is the statement,
My experience of the Summer Time system is that I have to employ two more workmen during hay harvesting to accomplish the same work as under the old system.
That is in the middle of the summer, too, during the hay harvest. From Kircud-bright:
It has been suggested that farmers might work their farms by ordinary time, but this has been given a good trial and found quite impracticable.
There are similar statements from Invernesshire. From Fifeshire there is the statement,
It is all very good for sporting citizens to have a little longer light at night, but it is the foodstuffs of the people we agriculturists are raising in as good condition as we can. I am afraid that the sponsors of these things forget that.
Then there is the Farmers' Union of East Lothian and Mid-Lothian who send forward objections, and from workers in Coventry comes the statement,
A number of us indoor workers find ourselves being robbed of a number of hours of sleep during the longest days of the year.
That goes to prove that it is not only agriculturists who view the operations of Summer Time with grave misgiving. These statements, coming as they do, from practical farmers, show that the objections of agriculturists to Summer Time in its present form are not based merely on sentiment or prejudice but on unshaken and unshakable facts which show that the system has been a serious handicap to the agricultural industry, especially in early summer and during the
harvesting period. If proof were needed to substantiate that statement, it would be found in an article in the "Scotsman," a paper which generally supports His Majesty's Government. On 23rd February, 1922 the "Scotsman" said:
Farmers are greatly alarmed at the Government's announcement that they propose to make daylight saving statutory.
The paper added—and I commend this to the attention of the Home Secretary—
Great damage was done in Scotland in securing the harvest, both last year and the previous year, owing to the Bill being in operation in the month of September.
It seems to me a strange thing that so little consideration should have been given by the Government to this country's greatest industry, for that, indeed, it is. I could quote at great length statements from Coalition manifestoes and from speeches of the Prime Minister, such as one the right hon. Gentleman made on the Report stage of the Agriculture Bill, in November, 1920, in which he said:
It is essential in the interests of national prosperity and safety that a strong step should be taken to increase the productivity of the land.
The operation of Summer Time is a strong step, but a strong step in the wrong direction. I hope that no other strong steps of that kind will be taken by the Government. What is the position in which we find ourselves? Why has this Bill been introduced at all? Earlier in the year we expected the Bill to be proceeded with in the ordinary way, when we would have been in a position to state our objections to it. But suddenly, like a bomb from the sky, there came the famous Order in Council of 14th March, which imposed Summer Time for this year. The Home Secretary said the Bill was necessary because the powers he has end this year. I say that in all the circumstances this Bill is unnecessary, and particularly in view of what has fallen from the Home Secretary to-night and the consideration which he has promised to the whole question so far as agriculture in future is concerned. I believe I am correct in saying that this is probably the last year in which Summer Time will operate in France. In any event France has refused to make it permanent and has inserted a Clause in the French Bill limiting the operation to one year. Why cannot we do that? In the United States and in Canada, predominantly agricultural
countries, I believe they have refused to adopt Summer Time at all. Why then should we proceed with this Bill? If the Bill be not passed, Summer Time will expire in August of this year. In that event a sigh of relief will go up from the agricultural community which will be heard throughout the length and breadth of the land.
The Home Secretary said that he was prepared to agree, on the Committee stage, to some curtailment of the period of operation of Summer Time. He asks the House to pass the Second Reading to-night on the strength of that promise. Speaking, if I may, for the moment on behalf of Scottish agriculture—I think I shall be supported in this by hon. Friends from Scotland on both sides of the House—we are grateful to the Home Secretary for having met us to that extent. But, none the less, I have found it necessary to lay before the right hon. Gentleman the facts as to the harmful effect that Summer Time has on the agricultural industry, in order that when he comes to consider a curtailment of the period he may not make that curtailment too short. I am not sure whether the House ought to pass this Bill on what the Home Secretary has said. I am not sure that his promise goes far enough. Why cannot he be more definite about it and say now that he is prepared to lop off the month of April at one end and the month of September at the other end? That might be a reasonable compromise which agriculturists could fairly he asked to accept. But I do not think the right hon. Gentleman is putting those of us who have the interests of agriculture at heart in quite a fair position when he asks us to pass the Second Reading to-night, not knowing exactly by what months the period of operation is to be curtailed. In these circumstances, hoping, as I did, that something more definite would have fallen from the right hon. Gentleman to-night, and still contending that this Bill is unnecessary arid that Summer Time is detrimental to the cause of food production, I move the Amendment standing in my name.

Mr. TOWNLEY: I beg to second the Amendment.
I do so because I hold the position of chairman of the Central and Associated Chamber of Agriculture for England, and because they are unani-
mous in their wish for the rejection of the Measure. Whatever my private opinion might be in the matter, I am sure the House will agree that it is my duty to emphasise the feelings expressed by what is probably the most representative agricultural body in the country. Beyond that, I have also the assurance that the Farmers' Union, throughout all its branches, is in favour of the Amendment. I have not had an opportunity of obtaining a definite expression of opinion from the workers or the labourers' union. At the same time, we on the Chambers of Agriculture are very proud of the fact that we have a certain number of agricultural workers in our body. In that way we differ from other agricultural bodies. In introducing the Bill the Home Secretary has gone a considerable way towards meeting us —not so far as we should have liked, because, naturally, all connected with agriculture, being men of common sense, would prefer to see the sun rule rather than the Treasury Bench. One remark fell from the right hon. Gentleman which, whatever my previous opinions of the Bill might have been, made me more firm in opposition to it. It was that France does not know her future policy on the Bill, and that it is not possible to arrange as between the South of France and the North of Great Britain in this matter. Undoubtedly it is not possible to arrange that the same seasons should prevail in the South of France and in the North of Great Britain. Is not that distinct evidence that, it is not possible to interfere with the laws of nature, and that it would be infinitely better to leave the sun to rule the world, as it will, whatever interference it may receive from the right hon. Gentleman, or even from this House? When this Measure was first, brought in it was called "Summer Time," hut it actually came into force early in April, and on that occasion we had the most serious frosts we had ever experienced at that time of the year. The sun apparently resented this attack upon its prerogative. To-day we have this Bill put down, and there has been a serious drop in the temperature. It looks as though once again the sun is enforcing its rights against the Treasury Bench.
The Home Secretary referred to the inquiries which were held into this
matter in 1916 and 1917. I suggest to the right hon. Gentleman that those were years during the War when all connected with agriculture were only too anxious to put their own feelings upon one side and to fall in with what was considered to be the advantage of the country at that time in regard to the saving of fuel and light. They were prepared to sacrifice their own interests in favour of the country's interests, and I may say in passing they are always in favour of putting the country's interests first, but the broad principle of this Measure is that it is in favour of pleasure as against business. Agriculture is the greatest business of this country, and it has never been suggested that Summer Time is going to improve that business. It is suggested on all hands that it will improve holidays and possibly improve the health of the country. But I maintain it is of importance rather to pleasure, as opposed to business, and I contend it is from the business point of view we should look at it. I do not wish to follow the hon. and gallant Member, who so ably moved the Amendment, into all the details he has given to the House. He has drawn attention to the fact that a great hardship—I prefer to use the words "a great damage"—will be inflicted upon farmers by this additional hour in the morning. Probably hon. Members do not know what is the effect of dew, but we farmers know perfectly well that it is a most disastrous thing for us to harrow or roll crops when the dew is upon them. No investigations have so far been made as to what is the action of dew, and what damage we may suffer in this way, but it is considerable and causes great inconvenience. I will show the House how this inconvenience not only affects business, but sometimes affects pleasure, also. Summer Time came into force on the first Sunday in April. A certain gentleman who is well known to this House went on that occasion to play golf. [HON. MEMBERS: "On Sunday!"] I cannot say for certain whether it was Sunday or Monday, but I hope he was attending to his business in this House on the Monday. He caught his train an hour earlier, but when he got to the golf course, he was unable to play for an hour because of the heavy dew on the links.
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That shows how it affected pleasure, and when it affected pleasure in that way, I
am sure even hon. Members who are not personally acquainted with farming will realise how it affects the business of agriculture. It is of the greatest inconvenience to the farmers that they should have to wait an hour before they can harrow their wheat, and I repeat that we should look on this as a matter of business against pleasure. As regards the curtailment of the period, we are told to wait until the Committee stage before we know what is going to happen. I welcome what the Home Secretary said, and I think it has gone a long way towards removing the agricultural objection for the time being. We thoroughly realise that agriculture must bow to the wish of the majority, and if it can be shown that this Measure is for the benefit of the community in general in regard to health, we should be willing to make concessions. We shall not know that, however, until we have had some years' experience, and I ask the right hon. Gentleman if he cannot go one step further and make this an annual Act. Then we should have a much better opportunity of altering it, or stopping it, than if we had to bring in a repealing Measure. I am sure the Government does not wish to go in for any further repealing of Measures which they have passed. They must be getting rather sick of that. If we get that promise from the Home Secretary I assure him it will help us very considerably in the matter, but failing a distinct understanding of that sort, I, personally, should feel it incumbent on me to take the opinion of the House upon the general question of whether this Bill is to get a Second Reading or not.
There is another very important matter in this connection. The Board of Education was evidently doubtful as to the effect of this Measure on the children of the country, and they issued instructions that inquiries should be madeamong local education authorities as to their opinions upon it. In the White Paper which has been issued as the result of that, it is stated that reference was made to 299 authorities, of which only 183 were in favour, while 27 were uncertain. One of the chief reasons for objection is indicated in the White Paper: It is said there that this would not have been so damaging to the children of the country had it not been that parental control was lacking and that the children could not be induced to go to bed. May I venture to suggest that it
was the solar control which was keeping the children out of bed, and again I say it would he infinitely better if we let the sun conduct these matters. This very interesting White Paper also shows that it is the rural districts which are opposed to the Measure. It is the rural districts which are chiefly affected, and it is on behalf of the rural districts that I am endeavouring to put the case before the House. In an Appendix to the White Paper it is stated that an instruction was issued on the matter to parents of school children it is called, "A Message to Parents," and it states, "Many children have been found of late not to do justice to their lessons because they have had too little sleep." This is in consequence of Summer Time, and in consequence of tinkering with the sun. The children consequently stay up an hour later and get an hour's sleep less. Surely the consideration of the children's health and the consideration of agriculture being a very serious business to the country, as opposed to the pleasure which is really what the Bill seeks to encourage—surely these matters are so important that it would be better for the Government to drop the Bill altogether. Failing that, it would be certainly a gracious act on their part if they would here and now state that they will cut off a month it each end and make this an annual Bill.

Mr. SEXTON: It is not my intention to oppose the principle of this Bill. As a matter of fact, personally I prefer its permanent introduction, as it is decidedly a boon to the vast majority of the industrial workers outside the agricultural workers, and if the agricultural industry be met by the compromise suggested by the Home Secretary, I sincerely trust the representatives of agriculture will not act the policy of the dog in the manger as suggested by the Mover and Seconder of the Amendment, to reject the Bill. From the point of view of economising in my gas bill, I find it a very important item, and on the coal too, and, on the whole, I consider it is a great advantage to the great mass of the industrial workers. There is one weakness in the Bill, or rather the drafting of the Bill is causing some confusion in the minds even of the most earnest advocates of the Measure. In Clause 3 the legal phraseology is so peculiar and vague that it has led in
some cases to very great confusion of thought. The Clause reads:
For the purposes of this Act the period of Summer Time shall be taken to be the period beginning at two o'clock, Greenwich mean time, in the morning of the day next following the last Saturday in March, or, if that day is Easter Day, the day next following the last Saturday hut one in March, and ending at two o'clock, Greenwich mean time, in the morning of the day next following the first Saturday in October.
That may be clear to the legal mind, but it is most confusing to the ordinary lay mind. Let me point out one or two actual results that I know have happened. The Mover of the Amendment pointed out that the saving of an hour's sleep of a morning was a great boon to some people. I want to submit to the right hon. Gentleman that the confusion arising from this Clause, which is religiously copied by the daily Press, has been responsible for the saving of half a day's sleep at my place. I was not at home, but my people sat up religiously till 2 o'clock in the morning when Summer Time came into force this year. They thought that if they were to put the clock back before 2 o'clock in the morning they would be committing an evil act and the result was that when 2 o'clock in the morning came they were so heavy and tired that they put the clock on instead of back, so that when Sunday morning came, being devoutly religious church-goers, they found when they got to church that the people were coming out instead of going in. The right hon. Gentleman has sins enough to answer for, for what shall it profit a man or a woman if he or she shall gain an hour in the morning and lose his or her own soul in the dinner time? Surely the right hon. Gentleman does not want to add to his sins by adding that to his conscience. Let me give another case. The ordinary workman cannot follow this legal phrasing, and I know a case of a man who took this to mean 2 o'clock in the afternoon. He came home, perhaps after closing time, and put the clock on, with the result that when he woke up on Monday morning and went to work he found it was dinnertime. I want to suggest, as a supporter of this Bill, that some kind of machinery should be used to let the general public, and the working men particularly, know what this really means. Are they to sit up to till 2 o'clock in the morning, or can they put it on before 2 o'clock? I want to suggest, while giving my hearty sup-
port to the whole Measure, that some more definite and understandable instruction be issued to the general public than that contained in Clause 3.

Mr. SUGDEN: I have very carefully listened to the arguments of the hon. and gallant Member for Kincardine (Lieut.-Colonel A. Murray), who moved the rejection of the Bill, and also to the hon. Member for Mid-Bedford (Mr. Townley), who seconded the Amendment. I give place to no man in this House in my knowledge of the immense importance and value of agriculture, but when that has been said, I say that the bearing of this very useful Bill upon the other interests of the country should be considered, and I would remark, in passing, to industries of which one has some definite, practical knowledge, for not very long ago, it was known that the men, the women, and the children who work in our factories were often not able to see the daylight except through the windows of the great manufacturing places in which they were working. That may be a right or a wrong thing, but some of us imagine and feel that it is highly improper that the great industrialists of this country should be obstructed from getting God's pure air and light, which is at the full opportunity of every agriculturist in the country, not only in their hours of leisure, but often at their work as well. I want, however, to put a more technical argument before the House in support of this Bill. I have been looking round the Chamber to see if some of the very eminent medical colleagues that we have here were present to speak upon this matter. I do not see them, therefore I would bring to the knowledge of Members of this House the immense and important research work that is taking place under the auspices of my right hon. Friend the Home Secretary, also at the Ministry of Agriculture itself, and at the Ministry of Health, as to the question of hours of fatigue in regard to our industrial workers. It is an acknowledged fact, scientifically, that work between certain periods that obtain in this Daylight Saving Bill, has less harmful result upon the worker, brings more definite produce and product to the worker and the employer than did the old times that obtained before the Act was introduced.
We fully understand that the agriculturists have their problems—and deep and large problems they are—but I do suggest that we should consider the matter from the point of view also of the good of the whole of the industrial workers of the country from a physical standpoint, and I want to remind Members of this House, that while the great industrial workers have proved their Al capacity in respect of courage—industrial courage and national courage in all its different branches—it is a fact that in physique they do not, and cannot, compare with their agricultural brothers. I have nothing to do with the bearing of sport upon the Bill. Although I am a keen sportsman myself, I would not for a moment allow the claims of sport to be considered in connection with this Bill unless it be from a health standpoint, and although there may be disciples of loyal and royal games amongst all classes, I do suggest that the claim of the worker physically, mentally and morally is advanced by the application of this Bill. The children are the asset of the country, and you cannot put in pounds, shillings and pence the claims of agriculturists, or any other section of the community, against the physique of the children and of the country. I hope the House will give support to my right hon. Friend's Bill, and I support the suggestion that has been made, that instead of the Bill commencing in the early part of March, it should be delayed possibly until the middle of April, when the seed season may have been fully utilised (as I am informed by my agricultural friends). But I suggest the time should not be shortened at the other end, namely, the September end. I ask my colleagues in this House to support this Bill.

Sir HARRY HOPE: I desire to congratulate the right hon. Gentleman on the moderate and conciliatory manner in which he moved the Second Beading of this Bill. I think the speech of the right hon. Gentleman shows that, in discussing this question, it is wise to take an all-round view. I know very well there are masses of our people who require a change from the sedentary, indoor life to which their daily work confines them. I believe that there are masses of our people who are the better for getting more open-air exercise when their day's work is over, and to whom, therefore, this Bill is wel-
come. As regards the effects of the Bill upon the health of our people, I am not competent to express an opinion. Then, I understand, there are many people who carry on work on allotments who very much appreciate the operation of Summer Time. In that way, and in the others which I have mentioned, as I have said, there are large numbers of people who will welcome the introduction of this Bill, and those are some of the illustrations which, I think, can be used in favour of it.
There is, however, another side, and I think if this House is to arrive at a wise conclusion on this subject it is well to consider, quietly and dispassionately, all sides of the question. The agricultural industry is not only a large and an important industry, but it is one which we as a country cannot afford to ignore. I went with a deputation from Scotland, consisting not merely of farmers, but supported by representatives from the Farm Servants' Union of Scotland. The representatives of the farm servants did not come personally, but they wrote in support of the deputation's view. Their argument for not coming was that this Government was so bad that there was no use in coming before them. I think that as we had a unanimous expression of opinion both from the men who carry on the industry and from the men who work in the industry, the right hon. Gentleman and this House would do well to take time in considering this Measure.
We cannot afford, as I have said, to ignore the requirements of agriculture, or to stultify its demands, but I think it is possible to arrive at an even balance on this question, and to provide both for the enlarged opportunity for daylight use and yet to keep within the laws of Nature which govern and control the industry of agriculture. If the Bill did not come into operation until the 1st May, I think a considerable benefit to agriculture would result, and I think that could be done without any great loss to the class of people who would benefit by the Bill. In April the evenings are cold, and are not very inviting to people out of doors, and yet the month of April is an all-important month to the agricultural industry. It is, perhaps, the main seed month of the year. In April work begins at six in the morning. If this Bill came into operation, it would have to begin at five in the morning. April is a month
of morning frosts, which are not a had thing for agriculture, but have a beneficial action. Their effect is to pulverise the soil and make a. fine tilth, which enables the tender roots and fibres of plant life to survive' dry seasons and periods of drought. Therefore these morning frosts do an inestimable amount of good. You do not want to work the land when the frost is on it; you want to allow the frost to come out with the rising of the sun. When we think of that action of nature, we immediately see what an interesting industry agriculture is. Agriculture is not merely an industry, it is an art, because the people who work at it have got to study and understand the immutable laws of nature. By passing an unnatural proposal such as this you will be acting in an unnatural manner and you will do infinite damage to agriculture. If you allow this Bill to come into operation in April, what effect is it going to have on the workmen? These men begin work at six in the morning. What hon. Member would like to be taken out of his bed before five o'clock in the morning in the cold and darkness in order to begin his work? Nothing will tend to encourage the workers to begin at a later hour more than this Bill. The month of April is the important seed month and if the farmer misses by a fortnight his opportunities of seed sowing in April, they will be gone. By putting this Bill into operation in April, you will be dealing a deadly blow at agriculture. I appeal to the right hon. Gentleman, not merely to give us a vague assurance that April will be cut out, but to make a definite promise.
Then we come to the other suggestion, namely, that September also should be left out. Except in the early districts and in the South of England, September is the main harvest month of the year for agriculture. Those later parts of the country, which harvest in September, are the very areas which cannot afford to have their natural conditions affected by this Bill. We all know that in September there are heavy dews in the morning, which completely stop harvest operations. In the later parts of the country these dews are more prevalent than in the earlier areas. By letting this Bill operate in September you are going to handicap the later districts. Therefore, when those of us who have any connection with agriculture consider it, we realise
that this Bill is an extremely bad one. We ask that the months of April and September should be cut out.
If the right hon. Gentleman would give us an assurance to that effect I think he would ensure a speedier passage for this Bill, because he would remove obstacles which I am quite sure in his heart he knows are bad for the country's interests. On the other hand, he would still cater for those who desire longer evenings during the summer. The suggestion that this Bill should be a temporary Measure is an excellent one. It is simply an experiment. We have heard it said that France's action is uncertain and perhaps, unknown. While we are passing through a transitional period, would it not be well that this Measure should come up every year for review I Experience would then lead us 'on our way and we should see whether it would be better to have these months included, or whether some of them ought to be cut out. The experts, who advise us with regard to the health of our people and the effect of this Measure upon it, would have time to formulate their views. Looking at the matter from all these points of view, I appeal to the right hon. Gentleman to give us a definite assurance that he will cut out the months of April and September and make the Bill a temporary Measure for one year only.

Mr. BANTON: I should like to speak, not for the agriculturist, but for the town workers, and to express their appreciation of this Measure, and their desire that it should be continued. I am a townsman; I come into contact with the workers in industrial centres; and their appreciation would be much greater if the hours of Daylight Saving were further extended. I have heard the view expressed thousands of times that they would appreciate two extra hours rather than one, and there is a way of looking at the question from a national point of view and from the standpoint of national economy, which would show that it would be much better if that were so. The farmers' representatives speak as though the Bill were specifying times of work and as if it were compulsory on the agriculturist to begin work at certain times. The hon. Member who moved the rejection of the Bill spoke much about Nature's laws. He said that we were violating
them, and were trying to misappropriate the light of the sun. It strikes me that we are rather adapting ourselves more to Nature's laws by utilising Nature's sunlight. Man proves himself man and a civilised being by that law of adaptation. Agriculturists are notorious for their lack of an adaptable spirit. That is one of the causes why we find them opposing a Bill like this.
The, fact that this Measure, when it was introduced during war time, was received with unanimity from all sides showed that it was desirable in the national interest, from the point of view of economy and on other grounds. If it was found desirable then in the interests of national economy, are not the same reasons valid to-day? We continually hear from the Treasury Bench of the necessity for economy. There is a great economy in this method of utilising daylight rather than artificial light, and of taking advantage of the heat of the sun rather than of that derived artificially from coal and other materials. Therefore, we are strongly in favour of the Bill. The Mover of the Motion for rejection recalled to the House the saying of the Prime Minister, when he promised agriculturists that drastic measures should be taken to make sure that the food production of the country should be increased. On that line I am speaking. We want to make sure that the food production of our country shall be increased. We find, from the agricultural returns, that year after year thousands of acres less are put down to the production of food than formerly.
On the other hand, we find that the industrialists are making up for the loss on the agricultural side. I come from a town where hundreds of acres of land have been appropriated during recent years for allotments. I represent thousands of allotment-holders, men who derive advantage from the longer days by putting in their time producing food for their families and their neighbours. That is a great saving to the nation, and a great advantage to our national health. It is advantageous not only from the standpoint of health and of pleasure, but owing to the fact that they are producing good food instead of having to purchase it in the ordinary way—food which is very much better because it is home grown and freshly cut. On these
grounds I hope the House will consider the greater advantage of the greater number. As has been so well pointed out, the industrialists ought to have the advantage, for they deserve it. I am not speaking particularly upon behalf of those who have the enjoyment of a longer day and a longer night to devote to pleasure, that is to say, the younger part of our generation. Surely, however, they deserve some consideration. It is one of the most delightful sights that we elder men can see, the young folk going to their recreation fields to play tennis, cricket and other sport that we in our younger days were debarred from enjoying because of the longer day we had to work.

Sir EVAN JONES: I am not at all sure that the Government, or it may be various Members of the House, are actually following out the theory of the welfare of the greater number to which the last speaker referred, by endeavouring to impose upon a very great and important industry a definite hardship and disability in the name of that particular theory. It has always appeared to me that the only argument that holds in support of the welfare of the greater number is that no section of the community should be allowed to carry on its work in such a manner as to interfere with the happiness or welfare of the remainder. That, however, is quite a different matter from imposing a definite hardship and a definite disability upon any section of the community for the sake, or the supposed sake, of the remainder. The matter is one of very considerable importance. The agricultural community of this country are not doing anything in the course of their operations which interferes with the welfare of the rest of the community. If they did it would be perfectly proper for this House to impose upon them conditions preventing them doing so. On the other hand it is now suggested by this Bill that you should penalise the most important industry of this country in the sacred name, or supposedly sacred name, of giving more pleasure to certain other sections of the community.
The hon. Member for the St. Helens Division (Mr. Sexton), who spoke on behalf of the Labour party in support of this Bill—[HON. MEMBERS: "No, no?"]—well, he supported this Bill from the benches opposite. [HON. MEMBERS: "Not
for the party!] He seemed only to use the argument that owing to certain domestic troubles which occurred in his own home, and because a certain order was issued in connection with Summer Time, that therefore the Bill should be supported. I could not quite follow the trend of his argument, but it was something in that direction. To put forward views of that kind to a very large extent discounts the arguments which have been otherwise used in support of the Bill. The Home Secretary has really already given away the case for the Bill. He has admitted, and admitted fully, the strong arguments against the Bill from the agricultural point of view. Having gone [...] far in the admission that this Bill will be undoubtedly imposing a serious disability upon this great industry, I think that he should go further, and withdraw the Bill, There is only one justification which I can see the Government can bring forward really in support of their arguments, and that is before they came to this House with this Bill to make arrangements with those who retain the conduct of affairs to see that the sun should follow an Act of Parliament, that the dews which fall upon the country should be regulated by Orders in Council, that the habits of the animals should be subjected to the rules and regulations made by the Home Office, and that many other matters which now are founded on the ordinary principles of Nature should also be made amenable to their ordinances. That, probably, would be some argument in favour of the Bill.
I have recently visited my constituency, and conducted personal investigations into what the actual results of this Bill will be. I have found in several farms that they have been obliged already to adopt what they call animal tame and farming time. There is one feature in connection with this ease which has not yet been stated. One of the most terrible influences which this Bill, if it becomes an Act, will have, upon the agricultural industry will be the serious difficulties which arise in regard to train time. Even if it were possible and feasible, or desirable, that farmers should alter their business arrangements and their times, they would still have to arrange for their animals to follow Orders in Council, and if they could arrange for their men to go to work at a time suited to a Parliamentary instruction, they are
still faced by the fact that the trains will be run according to the new Summer Time, and that they will not be able to get their milk and produce to market except at a very considerable difficulty and additional expense. There is no doubt that the economies of agriculture would be most seriously affected by this Bill. I have not the slightest hesitation in asserting that a Measure of this kind is an attempt at an unwarrantble interference with the conduct and economy of what I venture to assert is to-day probably the most important industry in this country. For these reasons I hope the House will decline to give this Bill a Second Reading.

Mr. LUNN: I have no doubt that whatever kind of a Bill is introduced in this House it will find some supporters. This is a Bill in regard to which some points can be made in its favour, and for certain classes of the population it may be an advantage. For those people who can get up when they like and turn out after the streets have been well aired, it may be to their advantage, but to an industry like the one I was connected very intimately with before I came to this House, namely, the mining industry, it is a great disadvantage, and I cannot understand any miners' representatives supporting a Bill of this character.

Mr. R. RICHARDSON: Speak for yourself.

Mr. LUNN: Had it not been for the reason that two of my colleagues have spoken in support of this Bill, I should not have desired to speak on this occasion. I know that my own association, the Yorkshire Miners' Association, are unanimously against this Measure, and they have always been opposed to it, because we are satisfied that it is not in the interests of the miner or the industrial worker who has to get up in the middle of the night to go to his work. We are also satisfied that it is not in the interests of the miner's wife. The wife of a man who has to go to work at such an early hour, and who is the mother of a young family, has perhaps the hardest lot of any class or section of the community. Perhaps it is better from the point of view of the wife that the pits are not working so regularly, and therefore she has not to get up every morning so early.
There are thousands of miners' wives who have to get up in the middle of the night, and a Bill like this forces them to get up earlier than they would otherwise have to do. Sometimes there is a double shift at the colliery Where the son or the lodger works, and then the wife is kept up waiting for the conclusion of the second shift. If she has any young children they will not go to bed because of this Bill and the longer daylight, and the wife has to get the children to school next morning earlier and get them up. I cannot understand why any representative of an industrial community can support this Bill and I am quite prepared to accept the position taken up on behalf of agriculture. I do not suppose that there is any Agricultural Labourers' Union or any body of agricultural workers who would support this Bill. With regard to the views expressed by the hon. Member for St. Helens (Mr. Sexton), I would like to point out that be is a bachelor whilst most of the Members of the Labour party are married men. I hope this Bill does not get a Second Reading. Those who support this Bill are in a minority, and they are not the most useful section of the community. After everything has been said, the people who do the hard work and who have built up this nation ought to be considered and so ought their wives and families. For these reasons I take the view that we ought to reject this Bill.

Mr. MACQUISTEN: I fully agree with the remark made by the last speaker, that this is one of the most absurd Measures that was ever passed. It has now been passed by this House every year since 1916. It was passed during the period of the War, when. according to the suggestion made by the right hon. Gentleman the Member for the City of London (Sir F. Banbury), we were all mad. I do not know why he should place to that a limitation of time. This Bill is an absurd proposition on the face of it. What is the good of telling lies about the time? It amounts to that? It enacts by Act of Parliament a lie, and it states that that is the time which is not the time, and it is perfectly absurd. There are about 45,000,000 inhabitants in this country, and, therefore, you can take it that there are 7,000,000 households containing at least 7,000,000 clocks. Every one of those clocks has a face, and you cannot expect
to train the rising generation in veracity if they have facing them every morning a gross misstatement of fact.
It is all very well for the hon. Member for St. Helens to speak of the enormous advantage of this Measure to the industrial classes, but I very much doubt his statement. This Measure may give them a little longer time in the evening for leisure, but on this question I feel very deeply for the agricultural classes, and I know some of them, and, unlike many of the hon. Members who have spoken on this subject, I know what I am talking about. Some of them are my very good friends and I will picture one family I know. During the last year this particular family have endeavoured to redeem themselves from the condition of being wage earners, and they took up a dairy business. They are now the proud possessors of a small herd of dairy cows, and they complain to me bitterly of the indescribable hardship of getting up at two o'clock instead of three o'clock in the morning to milk the cattle. They also complain that it is this Bill which is inflicting upon them the additional hardship of rising at two o'clock in the morning. That spreads right through the agricultural world and makes their lot harder than that of the town population. In the towns the factories and works and the hours of working are always under their own control. The hours of work of the agricultural population are under the control of the Almighty. They are directed by the movements of the sun, with which nobody, except, perhaps, a gentleman named Joshua, has ever successfully interfered. Joshua's descendants to-day are the only people who seem to have power to control anything in this country. They control largely the Treasury Bench. They control London and New York and they are seeking to get control of Jerusalem. I do not see why we should give way to the sons of Joshua in this matter.
10.0 P.M.
This Bill is founded on an absolutely unsound and false principle. You cannot get away from the old maxim of Heraclitus that a thing cannot be and can be at one and the same time. It cannot be 12 o'clock at night and 1 o'clock in the morning at the same time, and I submit that Parliament by the vote of the majority has no right to attempt to alter fundamentally the facts of nature. No Act of Parliament can
secure that two and two can make five. You cannot perform these miracles, and if you attempt to do it by Act of Parliament you only bring the law and legislation into ridicule. Anyone who knows the country districts and who has spoken to agriculturists must be well aware that the country people look upon this Bill a; having done more to bring Parliamentary institutions into contempt than any other Measure. It gives agriculturists, and especially agricultural labourers, a sense of ill-usage. They do not like having imposed upon them by the votes of their fellow men conditions which add materially to the hardship of their labour and which at the same time interfere to sonic extent with the fruitfulness of the soil. I hope the House will go to a Division and throw out this absurd and ridiculous Measure, which is obviously supported by people who do not encounter time in the same way as rural people do. Further, the operation of this system of Summer Time has had a serious effect on the health of children. Anyone who knows anything about the dairy industry knows the injury which it has done to that industry, and anyone who has a family of young children realises quite well how these artificial hours affect the youngsters. If you send them to bed compulsorily they will not sleep, and then there is difficulty in getting them to rise in the morning. The fact is, nearly all our legislation is passed by people who have no practical experience in family or other industrial conditions. The raising of families is one of the largest and most important industries in this country, and anyone who has had experience in that knows how injurious to health this Bill is. I sincerely trust that the majority of the Members of this House will vote against it. By so doing they will not necessarily bring His Majesty's Government down. If they cannot defeat it, I hope that at any rate the Home Secretary will cut off the months of April and September, and will make this an annual Measure, seeing that it has never been sufficiently tested. I am sure that if he will do that when next year comes round this or possibly another and more enlightened Parliament will reject the Bill.

Mr. A. HOPKINSON: The Mover and Seconder of this Amendment, speaking from an agricultural point of view have given expression to certain Bucolics which
are calculated to cause the ordinary town dweller to wonder what is in the bucolic mind. The hon. and gallant Member who proposed the Amendment painted a most pathetic picture of certain agricultural constituents of his own and pointed out how they had lost, without any chance of regaining them, several hours of their valuable lives. He reminded me of the Spanish treasure galleon which started from one of the ports on the West Coast of America to sail to Europe and was prevented from following the usual route by the presence of Drake and his piratical squadron. The galleon had therefore to circumnavigate the globe and discovered on returning to the port of departure on the West Coast of South America, that they had irrevocably lost one whole day of 24 hours. Investigation further proved that that particular day was the Saint's day of the patron saint of their ship, and, on referring the matter to the Archbishop, that Prelate ordained that it was absolutely essential that the ship should at once proceed to circumnavigate the globe in a reverse direction and it would then find, on returning to its point of departure, that it had picked up the lost day. I would suggest to the hon. and gallant Member who made the complaint on behalf of his agricultural friends that they should follow a similar policy and then they will eventually find they have regained 24 hours in which to work.
The hon. Member who seconded the Amendment told us, with the air of one disclosing an epoch-making discovery, that it is quite impossible to alter the laws of nature, a remark with which I am pleased to observe several Members of the House agreed. The hon. and learned Member for Springburn (Mr. Macquisten) pointed out that by calling 12 o'clock 1 o'clock, as this Bill proposes to do, we were making the clocks of the country tell an obvious fie. He is evidently under the impression that when the hands of the clock in this Chamber coincide with the top of the clock it must be 12 o'clock, and that if the hands are named it becomes a different time. He is under the impression that time is an absolute and not a relative and fluid thing. He apparently is not aware of the fact that if one walks towards a clock time goes more quickly, and if one walks away from it, it goes more slowly. If you look at the clock in the Clock Tower from the yard outside, that clock indicates a differ-
ent time from what it indicates if you look at it from a point 100 yards away. The thing is obvious. It is perfectly well-known to all here that if you move towards the scene of any event that event occurs more quickly, and that if you walk away from it the event happens more slowly. Therefore it is most improper to say that the mere fact of altering the bands of the clock makes that clock say that which is not true. For example, if the time here were the same as it is a yard away, it would be perfectly possible for an individual to be in two places at the same time. The only reason why a person cannot be in two places at the same time is to be found in the fact that you cannot have the same time at two different places.
The reason for that is perfectly clear. It is obvious that if one looks at a clock from a point some distance away, one sees that the clock is indicating, not the present time, but a time a little before the present time, and the further away one is from the clock the slower that clock appears to be. It is obvious that, by a simple mathematical operation, you can come to the equally true and sensible conclusion that, if you move towards that clock from a distance, you make that clock indicate a time more and more in advance of the time it would indicate if you remained where you started. Therefore, when hon. Members come down to this House, as the hon. and learned Member for Springburn did to-night, and say that the altering of the position of the hands of the clock makes that clock tell a lie, they are really playing with this House, and are not treating the matter seriously at all.
To be serious, I cannot see—I am afraid it shows limited intelligence—why these complaints from the agricultural Members are made with regard to this Bill. They say that in the early morning there are frosts and dews, and that it is impossible, therefore, for the farmer to set about his work at certain seasons of the year. Does that prevent the farmer from starting his day an hour later according to the clock on those occasions? The position from the industrial point of view is very different. Indeed, we know, and no one better than yourself, Mr. Speaker, the extraordinary discomfort, to say the least, and the injury to health, that was caused by the system of beginning work, during quite a number of months
in the year, before daylight had emerged in the morning. It seems to me a most pitiful thing that millions of our fellow-citizens should have been compelled to go to work in the dark, to work through all the hours of daylight, and then to come away after dark in the evening. Although this Bill really touches upon points of psychology which are extremely obscure—because it is not very easy to understand why the mere fact of calling the time an hour different should make people willing to get up an hour earlier than they otherwise would—there is no doubt that in actual practice it does save the industrial workers, particularly in the North of England and in the industrial area of Scotland, from very great discomfort, so great as to be, in my opinion, dangerous to health. Therefore, although it may cause a certain inconvenience to the bucolic mind, which cannot understand that time is purely relative and not absolute, yet the convenience and the benefit to health that it produces among the industrial population ought, surely, to counterbalance those slight inconveniences.

Mr. ACLAND: In order to save the time of the House, I shall cut out the humorous overture from my speech, and shall confine myself to three or four simple observations on this question. First of all, although I look at the matter primarily from the agricultural point of view, I do think that in this matter the agriculturist has got, if certain matters are safeguarded, to give way to what, I feel sure, is the greater convenience of the bulk of the population from having Summer Time. I have no doubt whatever that the great mass of the working classes—the clerk and artisan population—of this country benefits enormously by the extra hour of daylight. I think that an argument used by one hon. Member is very important in this connection. It makers an enormous difference to the point of view of the allotment holder, which we were discussing only two days ago. The hon. Member for Mossley (Mr. A. Hopkinson) put what I think is the most obvious point from the agricultural point of view. Why cannot the farmer begin his work an hour later in the day and ask his workers to come an hour later—instead of working, say, from half-past six to five, to work from half-past seven to six? The reasons, of course, are
three. With regard to milking, you have to suit the trains, and the railway companies cannot alter the train times. They are all put forward. That is a perfectly obvious thing, which cannot be got over. Then, with regard to the sequence of the woman's day, she has got to fit in with the time at which school meets, and that is according to the clock; the time of meeting is not altered during the summer.
With regard to the ordinary operations of agriculture, however, with the exception of milking, when there are no trains to catch or anything of the kind, when you actually try to alter the times at which men are accustomed to come to work and to leave work, it is very much easier to try to do that than to succeed. What it comes to is this, that you expect the agricultural worker in a parish to leave work, say, at 6 by the clock, whereas other workers in the parish would be leaving at 5 by the clock. Unless the whole neighbourhood alters its habits and its time of coming to work, you would have the agricultural worker, because of the dews and frosts and so on, being asked to begin an hour later and finish an hour later, which, naturally, he does not want to do, while people in other walks of life are beginning an hour earlier and finishing an hour earlier. It is all right in theory to say that you can simply alter the times for men to come and go, but it is different in practice, because the agricultural worker, when his fellows are getting the extra time on their allotments, wants to get his extra time on his allotment as well. Therefore, I do press my hon. Friends to have some regard, not to the demands that this Bill should be withdrawn or anything of that kind, but to the very cogent arguments in favour of not beginning Summer Time quite so early as is proposed, but of giving us, say, the month of April, and taking into consideration a week or two in the autumn, and by that means at any rate meeting part of the point which the agricultural worker, I think quite naturally and rightly, puts forward for consideration.

Mr. HINDS: I approach this matter from the practical point of view. This Bill is welcomed in many quarters, but I want to reinforce the appeal that has been made to the Government to give us those two months. I represent a very large agricultural district, and the evidence I have from all quarters is that
Summer Time commences too early and closes too late. The farmer and agriculturist should have consideration in this matter. I am not going to repeat the arguments which have already been put forward as to the injury which is done to an industry which has been called the key industry of the country, but I appeal to the Government to consider the agricultural interests in this respect. We shall not vote against the Bill if we have some assurance that these two months will be given to us.

Major HOWARD: I can confirm the inconvenience and the great loss which Summer Time has caused to the farmer, but at the same time I recognise that there is a feeling in certain parts of the community that Summer Time is desirable. Therefore I am pleased that the Home Secretary has agreed to meet us, and I think that agriculturists would be wise at this stage to try to meet the Home Secretary, and come to some compromise rather than vote against the Second Reading. With reference to what fell from the hon. Member for Mossley, it was simply a condemnation of his factory methods. He had not got backbone enough, to use a vulgarism, without kidding himself that it was an hour later than it really was, to allow his men and women to go home at the proper time, so they would not injure their health by staying in the factory too long. If he had the broad mind and backbone of the countryman, who tries to adapt himself to the conditions in which he finds himself, as have the agriculturists been trying to adapt ourselves to Summer Time and failed, he could begin an hour earlier. That is exactly what my men have been doing, trying to adapt themselves to Summer Time by starting work at 7 a.m. instead of 6. That is what the men, I believe, on 99 farms out of 100 in Suffolk have been doing.
The inconvenience in the case of the agricultural labourer is to his wife. The agricultural labourer and his master have divided the day into three parts. He has found it convenient that he should work 2 to 2½ hours before breakfast. He takes three-quarters of an hour for breakfast, and that would give him 3½ hours before his lunch. He would take an hour or an hour and a quarter for lunch, and that would give 2 to 2½ hours in the afternoon. By that means he
would get in 51 or 52 hours a week. He starts at seven o'clock by the clock, and works 2½ hours. That brings him to half-past nine. All the schools open their doors at nine. His wife has to get up and get the children's breakfast. She has to get another breakfast for the husband and the elder children, who go to work. The same thing applies at lunch. The schools are closed between 12 and two. The man does not come home to lunch until two. Therefore the woman has to get a special luncheon for the school children and another for those who are at work. The same thing applies at tea time. All the labourers' wives throughout the whole of the Eastern Counties are against Summer Time, and so are our men. But we are always open to compromise. Although we are in a minority, although we know our case may be right, and what we are making for is right, we do not ask any unfair advantage. We know many of our industrial brothers like Summer Time, and I am prepared to support the Second Reading provided we can get a definite undertaking from the Home Secretary that we can have April and September free. I prefer that it should he an annual Bill, and if we can have those two months I shall vote for the Second Reading, otherwise I shall be compelled to vote against the Government.

Mr. R. RICHARDSON: I rise to support the Bill. I am pleading for the miners. I want hon. Members to remember that the miner has to give up eight hours of God's daylight every day. He desires to have sunshine as well as any other citizen in the country. He wants to have an opportunity of basking in the sunshine and seeing the flowers and birds at some time in the day. The Miners' Executive are asking the Home Secretary to give this matter his earnest consideration. I am speaking on behalf of the miners. The men who go to work at four o'clock in the morning, who come up at 12 o'clock, and go to bed until four o'clock in the afternoon, have little of God's sunlight left, unless the extra hour of Summer Time is given. The men who go to work at 10 o'clock and come up at five o'clock are thankful for an additional hour in the evening, when they may enjoy some recreation and fresh air, of which they have been deprived because of their occupation underground.
With respect to the effect upon the children I have made inquiries and I am informed that, with respect to the schools in the County of Durham, the children are just as good under Summer Time, in physique and in every other way, as they were under the ordinary hours. Definite instructions were given that this information should be obtained, and we are assured that the children have not suffered any detrimental effect. The miners for whom I speak are not like the agriculturists who enjoy God's daylight all the while. I am pleading for a body of men who give up much of God's daylight, and who ought to have every consideration at the hands of this House We desire that this should be made a permanent Act and not an annual arrangement, and if in the future Parliament finds that it has proved detrimental to the community the system could be revised.

Lieut.-Colonel WHELER: The Home Secretary in his opening remarks said that this subject did not seem to excite much interest from the fact that there were not many people in the House; but at the time when he introduced the Bill the House was enjoying its food supply, which it had drawn from agriculture. Since the natural cravings of Members have been satisfied, considerable interest has been taken in this subject, and a very considerable amount of opposition has been shown. I should be the last to wish to see any antagonism between country and town in. connection with this question. The interests of agriculture need to be understood more and more by the town dweller, and therefore any antagonism between agriculturists and town dwellers, and the furthering of the interests of one to the detriment of the other would be injurious in every possible Way. It is perfectly clear looking at the Bill that on the whole it acts in a detrimental way to agriculture. It is undoubtedly a fact that even with the shorter period that I ask the House to give us, it does impose disabilities on agriculture. On the other hand we have to recognise that, whether it be for pleasure or not, the long evenings do confer enormous good on the industrial population as a whole. That must be beneficial and must be carefully considered.
Therefore, agriculture has to give up something, and in doing so it has to
realise that it is helping the industrial side of the population, which at present has the voting strength, to a benefit which it had not in the past. If the Home Secretary will give us a definite assurance, as has been urged from all quarters of the House, that those two months should come off, and that April with all the disabilities which it inflicts on the farmers, the difficulties of early morning work and the frosts, and September with its difficulties of late harvesting and the prolonging of harvesting operations, shall not be included, and will also remember what has been said by a representative of the Miners' Federation, as well as a small point in agriculture, which is an important one for the industrial population, the effect on the dairying industry of the early morning work, it will do a great deal to remove the opposition of a large number of agriculturists. As a keen agriculturist I realise that we have got to give away something in this Bill. I should like to see the Bill thrown out, but I realise that if this were done, we should probably make the urban population think that the rural population had got the better of them in this matter, and I do not wish that sort of spirit to go abroad, because a spirit of antagonism between the town and the country at the present time must do great harm. If the Home Secretary will give us an assurance that those two months will come off, and that he will also make this an annual Bill, he will do a great deal to get the Second Reading passed without a Division. On the other hand, if he does not, many of us will feel constrained to vote against it.

Mr. JOHNSTONE: I have always been in favour of Summer Time and I am in favour of it still. It is of great advantage to manufacturing districts and to the great bulk of the population. But I have been constrained to inquire more closely into the question how Summer Time affects agriculture and I am satisfied from all inquiries which I have made that it is a great prejudice to agriculture. A way out of the difficulty has been suggested over and over again to-night to the Home Secretary. I believe that if he would limit the period to the four months of Summer Time from May to the end of August it would meet all the needs of the case. Our working people would have in the four summer months
long evenings for leisure, for their allotments, for pleasure and sport, and, on the whole, I think that that would be accepted by the working people as a satisfactory compromise. I am satisfied from the information given to me from Scotland that agriculturists there are more opposed to Summer Time even more than agriculturists in England. They are suffering from a real handicap in this matter. I thought at one time that they were prejudiced, and were exaggerating the disabilities of this Measure, but I am convinced from the inquiries I have made that they have had an undoubted grievance, and that something ought to be done to meet it. It is not proposed by those who oppose the Bill that Summer Time should be abolished altogether. No one has suggested that to-night. What has been suggested presents to those in charge of the Bill a fair compromise which would meet all the needs of the case. It would not quite meet all the points put forward by the agriculturists, but they have indicated that they do not wish to put themselves into opposition to the manufacturing classes and the industrial communities, and that, although some disabilities will still attach to them, they are prepared to agree to the Bill if limited to the months of May, June, July and August. That would work out most satisfactorily to our working people and would meet the case of the agriculturists. Would it not be better to adopt such an arrangement instead of having a very determined opposition which will constantly recur against the Measure?

Mr. SHORTT: So far as the promoters of this Bill are concerned, they are just as anxious as any Member of the House that there should be no sort of conflict between the town dweller and the country dweller. What we are trying to do, all of us, is to get some kind of agreement between these two conflicting interests, an agreement which, I hope, will be a permanent and friendly agreement. I have been asked to do two things—first of all to pledge myself that the cutting down of the period which I have promised shall be at least for two months, April and September; and, secondly, that the Bill shall be an annual Bill. With regard to the second request, I am perfectly willing to accede to it. I see no reason
why any harm could be done by making the Bill an annual Bill. We would still have our Summer Time and there would be an opportunity of discussing it as the experience of years went on. But it is really too much to ask me to-night to pledge myself in regard to the two months of April and September. There are people in the towns, many of whom I have seen —I have read a long list of those who are in correspondence with us in support of this Bill—who are very anxious that they should have as long a period of Summer Time as is consistent with the safety of the agricultural industry. They appreciate the case of agriculture, but at the same time are anxious to get as long a period of Summer Time as they can.
I have definitely said and I pledge myself that the period shall be shortened. It shall not be that which is in the Bill. But I do not think it unreasonable for me to ask the House to allow us, between now and the Committee stage, to discuss the matter with the two interests and to try to bring them together, so that we may agree and get an agreed period put into the Bill in Committee. I ask the House not to press me to pledge myself definitely to-night without an opportunity of discussing the question with the interests concerned. I am sure the House will appreciate that we are very anxious to meet the agricultural interests and very anxious to assure them that as little harm as possible shall be done. At the same time we have other interests to consider. I repeat the pledge that the period will be shortened. It will certainly not be the whole of the months of April and September. I hope the House will now give us the Second Reading of the Bill, and then we shall be able, I trust, to get a friendly and fair agreement which will safeguard, as far as possible, the interests of the agricultural community.

Sir F. BANBURY: I propose to give the House a short history of this Measure. A Second Reading was given to a Bill of this kind before the War; it went to a Select Committee which rejected it, and we heard no more about it until, I think, in 1917 or some time about that period. Then, owing to the exigencies of the War a Bill was brought in and passed, but it was passed as a War Measure only. It was never supposed that it would he a permanent Measure. Now we are told that we may possibly get a reduction of
the period, but we do not even know if it is to be reduced by the month of April and September or by only a portion of those months. My hon. Friend the Member for Mossley (Mr. Hopkinson) seems to think that the only objection of agriculturists to this Bill is because they do not understand how to manage the time. That is not the reason at all. It is because nature will not allow them to do their work at certain hours of the day.
A point which has been missed in connection with the agricultural objection to this Bill, is that April is a month which is adverse to the agriculturist on account of the dew in the early mornings. July and August are also adverse for that very reason. In June we do not get very much dew, but I would point out that hay is being cut and carried at the present moment—though that is very early—and I have known dews in June. I have, however, often known dews in July and August, and if there is a late hay harvest or a large amount of hay, the farmer very often does not cut his hay until the beginning of August. If he is dealing with that hay he has to wait until the dew is off before he can begin to work upon it. The same thing applies to the corn harvest. I admit that it does not affect wheat so much, because you can cart wheat even if it is a little damp, but you cannot cart oats if they are damp, and oats represent a most important crop. An hon. Member opposite complained that the miners did not get enough daylight. Why cannot the miners go to work earlier without this Bill? The dew does not affect their work.

Mr. RICHARDSON: They are working the whole of the 24 hours.

Sir F. BANBURY: It is not very long ago since I heard from those Benches a great outcry because the miners were only working a certain number of hours each day.

Mr. RICHARDSON: That is no argument. That was because they could not get employment.

Sir F. BANBURY: If the miner wishes to get up at 4 o'clock or 5 o'clock in the morning there is nothing to prevent him. We cannot start work at that hour in agriculture because nature prevents it. When we come to deal with the milk producers, we find that it is impossible for them to start work in time to get the
milk for the trains. I do not know myself, but I am informed that the cows in that earlier part of the morning do not give as much milk as if they were milked at the ordinary hour. I do not think it can be said that the townspeople are universally in favour of this Bill. Not long ago a railway man came to me, unsolicited, knowing that I was a Member of Parliament, and said he disliked the Summer Time Bill very much because of the children. He said the children would not go to bed in the daylight, and if they did go to bed they did not go to sleep.

Captain Viscount CURZON: What about the children in Norway?

Sir F. BANBURY: It seemed to be a very reasonable proposition because I remember when I was a child two things I did not like and one was getting up in the morning and the other was going to bed at night. There is always a tendency on the part of children to dislike going to bed, at least until it is dark, and consequently, even if they are forced to go to bed, they do not sleep. That was rather a revelation to me, but I believe there is a good deal of feeling on that particular point in the country, and I am not at all sure that now that Summer Time has been tried it has been found to be such a universal success as was hoped for.
I remember when the Bill was first introduced that I and the Noble Lord the Member for Oxford University (Lord H. Cecil) told against it, and we had only two in the Lobby. However, we have had support this evening from all sides of the House, including the Labour party, and, therefore, I think it is fairly evident that the working of the Bill has not been the success which its promoters anticipated. An hon. Member for one of the Scottish divisions said his constituents advised him not to have anything to do with the Government, because it was a bad Government. However that may be, it is evident that it is no use appealing to the Government, but I trust the House will show that there are a considerable number of people who are opposed to this humbug, because it is nothing else—utter humbug. You want to have a little more daylight, and you have not got the courage to say, "Very well, I will get up at six in the morning," but you have got somebody to put the clock back, so that you pretend to get up at six, when in reality you are getting up at seven. I am
opposed to humbug of all descriptions, and I am opposed to this Bill, first of all because it is humbug, secondly, because it is injurious to the agricultural industry, which is the greatest industry in the country and which is not going through a very prosperous time at present, thirdly, because I believe it is injurious to the health of the children, and fourthly, because I believe the only people who will gain anything by it, or will be supposed to gain anything by it, are those who are supposed to go and play cricket and tennis rather earlier in the evening than they would otherwise do. I very much doubt if many of them do that, and I very much doubt if the extra hour is not sometimes spent in a way in which it ought not to be spent. However that may be, we are not at present, in the financial stress through which this country is passing, justified in doing damage to any industry because perchance you may give a few people, or a great number if you like, another hour of amusement. Therefore I trust we shall show the Government that we are determined, not only that there shall be a diminution in the months, because I do not believe the diminution in the months proposed would be sufficiently good for agriculture. If you are going to alter it at all you would have to diminish it by at least three or four months. You have dew in August and July. I believe the only months in which you do not have dew are May and June, and it is the dew which prevents the agriculturist carrying out his business. Therefore, if you are going to do any good, you will have to diminish the number by more than two months, but we have not even got the pledge of two months. What will happen will he that the Government will see that there is a majority for whatever they propose, and then we shall be told that the majority is against us. I shall certainly, therefore, divide against the Bill.

Viscount CURZON: I was somewhat surprised to hear the remarks which have just fallen from the right hon. Gentleman. He gave as one ground for opposing the Bill the interests of the children. Has he ever been to the North of Scotland? He says children cannot go to sleep in daytime. How, then, do they ever get children to go to sleep in the North of Scotland at this time of the year, when it is light all night? There-
fore, do the children there never go to sleep? I really do not think that argument will hold much water. Then we come to the point of view of the agricultural worker. From what I have been able to hear of the Debate, it amounts very largely to a question of balancing the interests of the agricultural and the city workers. I wonder whether the right hon. Baronet has ever had any mandate upon this Bill from any one of his constituents.

Sir F. BANBURY: I am not a delegate.

Viscount CURZON: I should like the right hon. Baronet to come across one evening and have a friendly game of cricket in Battersea Park, and hear what the people there and other sections of the population of London think about Summer Time. Why, it is the greatest boon City workers have ever had. I do hope the Home Secretary, while he shows signs of giving way to the agricultural interest —and it is quite right that he should to a certain extent—will not forget the interest of the City worker, who, I believe, really wants this Bill. I do hope the Home Secretary, if he gives way to a certain extent to the agricultural interest, will not give way too much. They say that it makes them get up too early. I cannot see why, if the agricultural worker wants to keep to Greenwich Mean Time, he should not do so.

Sir F. BANBURY: He cannot, on account of the trains.

Viscount CURZON: I submit that the agricultural interest, while the greatest interest in the country, is not the only interest. Do not let us altogether forget the interest of the town worker who cannot get out except in the evening, and it is his greatest boon. I do not believe that there is any real substance in the agitation against this Bill.

Major Sir BERTRAM FALLE: The Home Secretary has met the opponents of the Bill with fair words, more especially in agreeing to make this an annual Bill. There was no reason, it seems to me, why it should not be an annual Bill because there is no permanence in any Fill. The House may pass a Bill one Session and reverse it the next. My object now is to ask the Home Secretary if he will also meet me on another point—a point which, I am
afraid, will not appeal very much to this House, but it is, nevertheless, a very important point to two small communities. There are two small communities in this Empire who have passed this Summer Bill with regularity, and it is only owing to the Home Office that they have not made it permanent. The Home Office prevented them from doing so. The Acts of this House are always transmitted to those communities by an Order in Council, but in this Bill it is proposed to alter that ordinary practice and make it an Order of this House. Whether this House makes it an Order or not, this Bill, when it is passed, will be sent by Order in Council. I am alluding to the two Legislatures which existed before this country was conquered and colonised, which have had the privilege of passing laws since the time when they placed their Duke upon the Throne of this country. They have helped and aided this country in all its wars, especially in the last one, in which their record will bear comparison with that of any and of very much larger communities. [HON. MEMBERS: "Name!"] I allude to the Norman

Islands, which had their two Legislatures, independent, before the Conquest, and have them still. Their laws, when passed, are approved by His Majesty in Council, and not by this House. I have always been opposed to Home Rule, for the simple reason that I have seen it working in those Islands, and I have seen the efforts of great Government Departments in Whitehall to—[HON. MEMBERS: "Divide!"]. I understand that the Home Secretary wishes to say a word or two, and I trust he will give me some hope on the question which I have been asking.

Mr. SHORTT: Perhaps I may be allowed just to say a few words. I will certainly consider very carefully what the hon. Member for Portsmouth (Sir B. Falle) has put to me. With regard to the shortening of the period I can, I think, say this much—that the reduction at each end shall not be less than three weeks. [HON. MEMBERS: "No, no; two weeks."]

Question put, "That the words proposed to be left out stand part of the Question."

The House divided: Ayes, 207; Noes, 26.

Division No. 139.]
AYES.
[10.55 p.m.


Acland, Rt. Hon. Francis D.
Chadwick, Sir Robert Burton
Graham, D. M. (Lanark, Hamilton)


Agg-Gardner, Sir James Tynte
Chamberlain, Rt. Hn. J. A. (Birm. W.)
Gray, Major Ernest (Accrington)


Amery, Rt. Hon. Leopold C. M. S.
Chamberlain, N. (Birm., Ladywood)
Green, Albert (Derby)


Ammon, Charles George
Cheyne, Sir William Watson
Green, Joseph F. (Leicester, W.)


Armitage, Robert
Churchman, Sir Arthur
Greig, Colonel Sir James William


Astor, Viscountess
Clough, Sir Robert
Grenfell, Edward Charles


Atkey, A. R.
Coats, Sir Stuart
Griffiths, T. (Monmouth, Pontypool)


Baird, Sir John Lawrence
Cockerill, Brigadler-General G. K.
Hacking, Captain Douglas H.


Baldwin, Rt. Hon. Stanley
Cope, Major William
Hailwood, Augustine


Baltour, George (Hampstead)
Courthope, Lieut.-Col. George L.
Hall, Rr-Adml Sir W. Liv'p'l,W.D'by)


Banton, George
Curzon, Captain Viscount
Halls, Walter


Barker, Major Robert H.
Dalziel, Sir D. (Lambeth, Brixton)
Hannon, Patrick Joseph Henry


Barker, G. (Monmouth, Abertillery)
Davidson, J. C. C. (Hemel Hempstead)
Harmsworth. C. B. (Bedford, Luton)


Barlow, Sir Montague
Davidson, Major-General Sir J. H.
Haslam, Lewis


Barnes, Major H. (Newcastle, E.)
Davies, Rhys John (Westhoughton)
Hayday, Arthur


Barnett, Major Richard W.
Davies, Thomas (Cirencester)
Henderson, Rt. Hon. A. (Widnes)


Barnston, Major Harry
Davison, J. E. (Smethwick)
Henderson, Major V. L. (Tradeston)


Barrand, A. R.
Doyle, N. Grattan
Herbert, Dennis (Hertford, Watford)


Barrie, Sir Charles Coupar (Banff)
Edgar, Clifford B.
Hilder, Lieut.-Colonel Frank


Barton, Sir William (Oldham)
Edwards, C. (Monmouth, Bedwellty)
Hills, Major John Waller


Bellairs, Commander Canyon W
Elveden, Viscount
Holbrook, Sir Arthur Richard


Benn, Sir A. S. (Plymouth, Drake)
Erskine. James Malcolm Montelth
Hopkins, John W. W.


Betterton, Henry B.
Eyres-Monsell, Corn. Bolton M.
Hopkinson, A. (Lancaster, Mossley)


Birchall, J. Dearman
Falcon, Captain Michael
Howard, Major S. G.


Bird, Sir R. B. (Wolverhampton, W.)
Falle, Major Sir Bertram Godfray
Hunter-Weston, Lt.-Gen. Sir Aylmer


Blake, Sir Francis Douglas
Farquharson, Major A. C.
Hurst, Lieut.-Colonel Gerald B.


Boscawen, Rt. Hon. Sir A. Griffith-
Fildes, Henry
Irving, Dan


Bowyer, Captain G. W. E.
Finney, Samuel
John, William (Rhondda, West)


Bramsdon, Sir Thomas
Foot, Isaac
Johnson, Sir Stanl[...]


Breese, Major Charles E.
Ford, Patrick Johnston
Johnstone, Joseph


Bridgeman, Rt. Hon. William Clive
Foxcroft, Captain Charles Talbot
Jones, Morgan (Caerphilly)


Brittain, Sir Harry
Fraser, Major Sir Keith
Koliaway, Rt. Hon. Fredk. George


Brown, Major D. C.
Fremantle, Lieut.-Colonel Francis E.
Kelley, Major Fred (Rotherham)


Bruton, Sir James
Galbraith, Samuel
Kennedy, Thomas


Buckley, Lieut.-Colonel A.
Gee, Captain Robert
Kiley, James Daniel


Butcher, Sir John George
Gibbs, Colonel George Abraham
King, Captain Henry Douglas


Cairns, John
Gilmour, Lieut.-Colonel Sir John
Law, Alfred J. (Rochdale)


Campion, Lieut.-Colonel W. R.
Glyn, Major Ralph
Lawson, John James


Casey, T. W.
Goff, Sir R. Park
Leigh, Sir John (Clapham)


Cecil, Rt. Hon. Sir Evelyn (Aston)
Gould, James C.
Lewis, Rt. Hon. J. H. (Univ., Wales).


Lewis, T. A. (Glam., Pontypridd)
Poison, Sir Thomas A.
Sueter, Rear-Admiral Murray Fraser


Lloyd, George Butler
Pownall, Lieut.-Colonel Assheton
Sugden, W. H.


Locker-Lampoon, Com. O. (H'tingd'n)
Purchase, H. G.
Surtees, Brigadier-General H. C.


Lorden, John William
Raffan, Peter Wilson
Sutherland, Sir William


Lowther, Major C. (Cumberland, N.)
Randles, Sir John Scurrah
Sutton, John Edward


Maclean, Neil (Glasgow, Govan)
Rankin, Captain James Stuart
Swan, J. E.


Macnaghten, Sir Malcolm
Remer, J. R.
Taylor, J.


Macpherson, Rt. Hon. James I.
Renwick, Sir George
Thomson, F. C. (Aberdeen, South)


Maitland, Sir Arthur D. Steel-
Richardson, Sir Alex. (Gravesend)
Thomson, Sir W. Mitchell-(Maryhill)


Mallalieu, Frederick William
Richardson, R. (Houghton-le-Spring)
Thorne, G. R. (Wolverhampton, E.)


Manville, Edward
Roberts, Frederick O. (W. Bromwich)
Thorpe, Captain John Henry


Marriott, John Arthur Ransoms
Roberts, Rt. Hon. G. H. (Norwich)
Townley, Maximilian G.


Mason, Robert
Roberts, Samuel (Hereford, Hereford)
Vickers, Douglas


Mitchell, Sir William Lane
Robertson, John
Waddington, R.


Molson, Major John Elsdale
Robinson, S. (Brecon and Radnor)
Wallace, J.


Moore-Brabazon, Lieut.-Col. J. T. C.
Rodger, A. K.
Warner, Sir T. Courtenay T.


Munro, Rt. Hon. Robert
Samuel, A. M. (Surrey, Farnham)
Watts-Morgan, Lieut.-Col. D.


Murray, John (Leeds, West)
Samuel, Samuel (W'dsworth, Putney)
Weston, Colonel John Wakefield


Myers, Thomas
Sanders, Colonel Sir Robert Arthur
Wheler, Col. Granville C. H.


Naylor, Thomas Ellis
Scott, A. M. (Glasgow, Bridgeton)
Williams, Col. P. (Middlesbrough, E.)


Neal, Arthur
Seager, Sir William
Wills, Lt.-Col. Sir Gilbert Alan H.


Newton, Sir D. G. C. (Cambridge)
Sexton, James
Windsor, Viscount


Nicholson, Brig.-Gen. J. (Westminster)
Shaw, William T. (Forfar)
Wintringham, Margaret


Nicholson, William G. (Petersfield)
Short, Alfred (Wednesbury)
Wise, Frederick


O'Connor, Thomas P.
Shorts, Rt. Hon. E. (N'castle-on-T.)
Young, Sir Frederick W, (Swindon)


Parker, James
Smith, Sir Allan M. (Croydon, South)
Young, Robert (Lancaster, Newton)


Parkinson, Sir Albert L. (Blackpool)
Stanley, Major Hon. G. (Preston)



Parkinson, John Allen (Wigan)
Stanton, Charles Butt
TELLERS FOR THE AYES.—


Parry, Lieut.-Colonel Thomas Henry
Starkey, Captain John Ralph
Colonel Leslie Wilson and Mr.


Peel, Col. Hn. S. (Uxbridge. Mddx.)
Strauss, Edward Anthony
Dudley Ward.


Pennefather, De Fonblanque
Sturrock, J. Leng



NOES.


Bowerman, Rt. Hon. Charles W.
Hinds, John
Percy, Lord Eustace (Hastings)


Brown, James (Ayr and Bute)
Hirst, G. H.
Shaw, Thomas (Preston)


Cape, Thomas
Jones, Sir Evan (Pembroke)
Terrell, George (Wilts, Chippenham)


Colfax, Major Wm. Phillips
Kidd, James
Thomas, Sir Robert J. (Wrexham)


Conway, Sir W. Martin
Lunn, William
Walsh, Stephen (Lancaster, Ince)


Cowan, Sir H. (Aberdeen and Kinc.
McLaren, Robert (Lanark, Northern)
Wignall, James


Glills, William
Macquisten, F. A.



Grundy, T. W.
Morrison-Bell, Major A. C.
TELLERS FOR THE NOES.—


Guest, J. (York, W.R., Hemsworth)
Newbould, Alfred Ernest
Sir F. Banbury and Lieut.-Colonel


Hall, F. (York, W.R., Normanton)
Newson, Sir Percy Wilson
A. Murray.


Bill read a Second time, and committed a Standing Committee.

Orders of the Day — SUPPLY [30TH MAY].

CIVIL SERVICES SUPPLEMENTARY ESTIMATES, 1922–23.

UNCLASSIFIED SERVICES.

Resolution reported,
That a sum, not exceeding £290,000, be granted to His Majesty, to defray the Charge which will come in course of payment during the year ending on the 31st
day of March, 1923, for the cost of certain Miscellancous War Services.

The remaining Orders were read, and postponed.

ADJOURNMENT.

Resolved, "That this House do now adjourn."—[Colonel Leslie Wilson.]

Adjourned accordingly at Five Minutes after Eleven o'Clock.